In re Mitchell

Ervin Louis Mitchell, in propria persona, petitions for a writ of habeas corpus by which he seeks his release from San Quentin where he is imprisoned under a commitment from the Superior Court of Humboldt County. Petitioner did not appeal from the judgment of conviction, and it long since has become final. His major contention is that, for reasons hereafter stated, the trial court was without jurisdiction to enter the judgment under attack. The contention lacks merit.

The clerk’s transcript of the trial court proceedings indicates that on September 7, 1960, an information was filed charging defendant with a “Violation of Section 667 of the Penal Code of California 1 committed as follows: The said *669 defendant Ervin Louis Mitchell on or about the 4th day of August, A.D., nineteen hundred and sixty” in Humboldt County “contrary to the form, force and effect of the Statute in such case made and provided . . . did willfully and unlawfully take away personal property of another, of a value not exceeding the sum of Two Hundred Dollars, to wit, money, the personal property of Clair Richard Shierk.

“That before the commission of the offense hereinabove set forth in this Information,…

I concur in the last paragraph of the opinion and, for the reasons therein stated, in the judgment.

McComb, J., concurred.