Ex parte Williams

Application for discharge on habeas corpus.

In his return to the writ issued herein, the warden of the state prison produces as his authority for the detention of the petitioner a certified copy of the judgment of conviction, as follows: —

To countervail the effect of this, the petitioner presented the following document: —

It is claimed on behalf of the petitioner that the latter document must be taken as the judgment in the case; and inasmuch as the maximum term of imprisonment for burglary in the second degree is fixed by the statute at five years, that with proper deductions for good behavior, that term has expired, and he is entitled to his discharge.

We cannot, however, in proceedings upon habeas corpus, determine that the document under which the petitioner is detained, and which is certified by the clerk to be a “ true and correct copy of the judgment entered on the minutes of said court,” is to be disregarded, or held of no effect by the production of another document certified by the same officer to be a “ full, true, and correct copy of the original minute entry of judgment, filed in the clerk's office.”

*426 A stipulation by the attorney for the petitioner, and…