In Re Wilson

On habeascorpus. Petitioner was charged by information in the county of Kings with a violation of section 464 of the Penal Code, namely, with the crime of burglary with explosives. On February 21, 1922, he pleaded guilty. For the said offense petitioner was sentenced to confinement in the state prison at San Quentin. About March 1, 1922, he was transferred from said penitentiary to the state prison at Folsom. On or about December 29, 1924, he was ordered returned to the superior court of Kings County for resentence upon the claim that the original sentence to the state prison was void, as burglary with explosives was construed to be a misdemeanor rather than a felony. Accordingly he was, on the thirty-first day of December, 1924, resentenced by the superior court to be confined in the county jail of Kings for twenty-five years.

The offense, as already indicated, is prescribed by section 464 of the Penal Code, quoted elsewhere, and deals with the opening of a safe or other secure place by the use of explosives with intent to commit crime.

Several grounds are urged in support of the petition which, in effect, may be stated as follows:

Respondent’s position is thus set forth:

(1)…