253 P. 951 | Cal. Ct. App. | 1927
The petitioner pleaded guilty to the charge of grand larceny and was sentenced to imprisonment at San Quentin. [1] He offered proof upon this proceeding *295 showing his age to have been under eighteen years at the time of the crime and sentence. The petitioner made no claim nor disclosure concerning this fact at the time of his hearing either in the justice's court or in the superior court. The judge of the superior court asked the petitioner his age before sentencing him, and the petitioner replied that he was twenty years old. Nothing else was said upon the subject, but the court proceeded as though the defendant was over the age of eighteen years.
Upon the authority of People v. Oxnam,
We have fully considered People v. Oxnam in the opinion inEx parte Tassey, ante, p. 287 [
The writ is discharged and petitioner is remanded to the warden of the state prison at San Quentin.
Nourse, J., and Sturtevant, J., concurred.