Hogue

The court below denied Hogue’s petition for a writ of habeas corpus, and he appeals. The petition alleged that he was in the custody of Duffy, the warden of the California State Prison at San Quentin, California; that he had exhausted the legal remedies afforded by the State of California to secure his release from the penitentiary; that his imprisonment was violative of the Fifth and Fourteenth Amendments to the Constitution of the United States and, also, that he has been denied the writ of habeas corpus despite the terms of Art. I, Sec. 9, Cl. 2, of the said Constitution; that the statute under which he was convicted provided no maximum term of imprisonment, which term, in this instance, was fixed by the Board of Prison Terms and Paroles of California, in excess of its authority. The petitioner further alleged that he was indicted (in two counts) and pleaded guilty to violation of Section 288 of the Penal Code of California; that he was sentenced on May 29, 1935, to imprisonment “for the term prescribed by law,” the terms of imprisonment to run concurrently; that on October 8, 1936, one year and three days after entering prison, he was questioned by the California State Board…