Ex parte Irwin

The petitioner was convicted in the superior court of Sonoma County of the crime of grand larceny, and on the same day, and before sentence was pronounced in the first case, was convicted of the crime of burglary. He was sentenced by the court to serve a term of nine years in the state prison in the grand larceny case, and in the burglary case the court imposed the sentence of five years in the state prison, said term to commence at the expiration of the term of nine years, imposed in the grand larceny case. His first term of imprisonment commenced-on the twenty-first day of October, 1879, and he remained in the state prison until August 21, 1880, when he escaped therefrom. He was captured and again confined under the first judgment on the ninth day of November, 1880. Thereafter an information was filed against him in the superior court of Marin County for the crime of escaping from prison, and he was tried, convicted, and sentenced to serve a term of nine years, "said term of imprisonment to commence from the time he would otherwise have been discharged from said prison,

*170 Allowing the credits provided for by statute, the petitioner’s first term expired not later than…