Seward

This matter comes before the Court on application by petitioner for a writ of habeas corpus. Petitioner claims he “is now illegally and unlawfully restrained and deprived of his lawful rights, by "* * * [respondent], contrary to and in violation of privileges and immunities, equal protection of law and -due process of law clause of the Fourteenth Amendment to the Constitution of the United States and in violation of similar provisions of Article 1, Section 13, of the [West’s Ann.] California Constitution * *

The facts recited by petitioner disclose that he was committed to the “California State Prison at San Quentin on April t, 1945” for violation of the “Deadly Weapons Acts”, West’s Ann. CalLP'en.Code, § 12000 et seq., during which commitment he was returned to court and charged and convicted of “Burglary and Escape.” He was then transferred to the “California State Prison at Folsom and again returned to court to receive another commitment for the charge of Grand Theft * * *\ No appeal was taken from these judgments, nor are they questioned here. Thereafter, petitioner was released on parole in May of 1952.”

While thus on parole he “was arrested on June 28, 1952 and charged…