124 P. 856 | Cal. | 1912
The undisputed facts shown by the petitioner are that on the twenty-fourth day of April, 1911, he was adjudged guilty and sentenced by the police court of the city of Oakland to six months in the city prison of the city of Oakland; that the execution of his sentence was stayed by order of the court withholding the issuance of the commitment. Petitioner was allowed his liberty. He enjoyed his liberty until the thirteenth day of December, 1911, when he was again arrested and charged with drunkenness and a commitment was issued upon the judgment pronounced upon April 24, 1911, by virtue of which commitment petitioner has been and is restrained of his liberty in the city prison of the city of Oakland. Upon these facts he contends that his imprisonment is in violation of section
It is conceded that section
It follows therefore that the petitioner is entitled to his discharge and it is so ordered accordingly.
Lorigan, J., Sloss, J., Angellotti, J., Melvin, J., and Shaw, J., concurred.