Matter of Hughes

This is a proceeding to review and annul an order of the superior court of Sacramento County discharging from custody one Fred Horning, a convict in the Folsom state prison.

Horning was charged by information in the superior court of Los Angeles County with the crime of assault with intent to commit murder. He entered a plea of guilty and in September, 1908, was sentenced to confinement in the state prison at Folsom for the period of fourteen years. In May, 1910, he applied for a writ of habeas corpus, by petition addressed to the superior court of Sacramento County. The writ was issued, a return duly made showing that he was confined in the state prison, under judgment of conviction in the superior court of Los Angeles County. The petition for the writ of habeas corpus alleged that he was imprisoned on said judgment, but that the imprisonment was illegal and said judgment null and void because the information did not state facts sufficient to constitute a public offense. Upon the hearing he was ordered to be released from prison. The attorney-general and the district attorney of Los Angeles County thereupon instituted this proceeding, claiming that the superior court of…