232 P. 719 | Cal. Ct. App. | 1924
The petitioner was convicted in the superior court in Lake County of the crime of burglary with explosives as denounced in section
The district court of appeal of the third appellate district in the Matter of Humphrey,
The attorney-general has not cited any authorities contrary to the foregoing, and we understand from the oral argument that an exhaustive search does not disclose any that would support the judgment of the trial court. Though it seems an absurdity that one convicted of a crime which is punishable by imprisonment for not less than twenty-five years should be confined in a county jail rather than in the *67 state prison, the language of the section does not permit any other interpretation.
It is therefore ordered that the prisoner be returned to the superior court of the state of California, in and for Lake County, for resentence in harmony with the views herein expressed.
Langdon, P.J., and Sturtevant, J., concurred.