In Re Wilson

Petition for writ of habeas corpus by William Wilson, wherein said petitioner, among other matters, alleges as follows:

Upon the presentation and filing of this petition this court ordered that a writ of habeas corpus as prayed for therein be issued. The return of said writ by the warden of the state prison sets forth that he held said William Wilson under two commitments issued out of the superior court of the county of Kings, one upon the judgment of conviction of date February 21, 1922, and the other upon the judgment of conviction of date August 12, 1925.

It is first contended by petitioner that the judgment of conviction entered by said superior court on the twelfth day of August, 1925, is illegal and void for the reason that the law does not compel nor countenance two distinct final judgments covering the same matter. This contention appears to be sustained by the ruling of this court in the case of People v. Mess, 65 Cal. 174 . In that action facts quite similar in principle to those in the present proceeding were before the court. It was there held that “the judgment of October 27, 1883, is a valid judgment, and that the defendant is legally in custody under it. It…