Hodge

The instant proceeding arises out of a petition for a writ of habeas corpus. An order to show cause was issued on September 10, 1958. Petitioner’s “Traverse to return and motion to dismiss of respondent on order to show cause” has been filed. His points and authorities are directed at the return of respondent and the merits of his cause, all of which may be understood as having been considered by the Court in arriving at the conclusion hereinafter set forth.

*727 This petition is the most recent in a series of applications 1 by petitioner for relief from alleged unlawful restraint of his person and liberty. The application is made under the appropriate sections of the Judicial Code and the allegations set forth in the petition satisfy the jurisdictional prerequisites. 2

Consideration of the application led to the Court issuing an order to show cause why a writ of habeas corpus should not be issued herein. Respondent appeared by a member of the staff of the Attorney General of California, and filed with the Clerk of this Court, on September 15, 1958, a return to said order. Said return included all pertinent records in the courts which are relied upon by petitioner in the instant…