Ex parte Hicks

The petitioner, who is confined in the California State Prison at Folsom, California, applied to the United States District Court for the Northern District of California for writ of habeas corpus, alleging that' his imprisonment was illegal because he was held under the terms of § 1168 of the Penal Code of California, as amended in 1931 (Cal.Stats.1931, p. 1053), whereas, at the time the crime was committed the provisions of § 1168 of the Penal Code of California, enacted August 14, 1929 (Cal. Stats. 1929, p. 1930), were in effect, and that the statute of 1929 was less onerous in regard to the indeterminate sentence than that subsequently enacted in 1931, particularly that under the statutes of 1929 the State Board of Prison - Directors. having once fixed the term of imprisonment could not thereafter increase or diminish the term, whereas, under the amendment of 1931 the term originally fixed by the Board could be increased within the maximum limit fixed for the offense. He alleges that in his case the Board fixed his 'term at seven years within the maximum term of 15 years, and, subsequently, acting under the amended legislation, the Board increased his term to 12…