In Re Taylor

Alleging that he is illegally confined and restrained of his liberty by the warden of Folsom prison, petitioner seeks by this application for a writ of habeas corpus to secure his release and discharge.

Petitioner was convicted in Los Angeles County on three counts of grand theft. He was received at San Quentin on August 18, 1928, and thereafter his term was fixed at four years for the first offense and two years for each two subsequent offenses, the sentences to run concurrently, so that his maximum sentence would be four years. With full allowance of credits on this term petitioner would be entitled to his release on August 18, 1931 (sec. 1168, Pen. Code). Prior to August 18, 1931, and on October 27, 1929, he was released on parole. On July 24, 1931, which was prior to the expiration of his term as reduced by a full allowance of credits, petitioner was sent to Folsom for violating his parole. On July 25th-26th the state board of prison directors ordered that the parole theretofore granted to petitioner “be suspended and revoked pending investigation of the complaint filed” against the petitioner. On July 31, 1931, petitioner was given the required notice of hearing of the…