Pareses

Petitioner claiming to have been incarcerated in the state’s prison for the minimum term prescribed by law for the crime of second degree murder, for the commission of which offense he was duly tried and convicted, seeks by this proceeding in mcmdamus to compel the respondent Board of Prison Directors to determine, as contemplated by section 1168 of the Penal Code, what length of time, if any, in excess of such minimum term he shall be so confined.

At the time of petitioner’s conviction and sentence, section 190 of the Penal Code fixed the punishment for second degree murder at “not less than ten years.” In 1927 (Stats. 1927, p. 1952) this section was amended to read, in part, that “every person guilty of murder in the second degree is punishable by imprisonment in the state prison from five years to life; provided, however, this section is to apply to all persons now serving sentence in a state prison for murder of the second degree and the sentence of such persons may be modified or reduced to conform to this section ...” Claiming to have been confined for a period of approximately five years and eight months, and citing this recently enacted amendment to section 190, supra, as…