In re Schwartz

California Court of Appeal

In re Schwartz

36 P.2d 445, 1 Cal. App. 2d 401, 1934 Cal. App. LEXIS 1286

CourtCalifornia Court of Appeal

DecidedOctober 13, 1934

DocketCrim. No. 1344

StatusPublished

Cited by1 cases

This text of 36 P.2d 445 (In re Schwartz) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Schwartz, 36 P.2d 445, 1 Cal. App. 2d 401, 1934 Cal. App. LEXIS 1286 (Cal. Ct. App. 1934).

Pincite

Opinion

THE COURT.

This is a petition.for a writ of habeas corpus by an inmate of the state prison in Folsom.

From the judgment-roll it appears that petitioner was, on October 11, 1930, convicted of grand theft. The information also charged petitioner with having suffered three prior convictions' but fails to allege that terms were [402]*402served therefor in any penal institution, as required by section 644 of the Penal Code.

Nevertheless, the petition must be denied as it is at this time premature. Petitioner stands legally charged and convicted of grand theft, the punishment for which is imprisonment in the state prison for not less than one year nor more than ten years. (Pen. Code, sec. 489.)

It is apparent this petitioner has not served the term for which he has been legally committed. (In re Miller, 133 Cal. App. 228 [23 Pac. (2d) 1034].)

Writ denied.

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