People v. Lozano Díaz

Mr. Justice Dávila

delivered the opinion of the Court.

Appellant having been convicted in 1958 by the Superior Court, Caguas Part, of the subsequent offense of burglary in the first degree, he was sentenced to serve from 2 to 15 years in the penitentiary. He appealed, but later he desisted from the appeal taken. When he had already served three years’ imprisonment, he filed a petition for habeas corpus in the Superior Court, San Juan Part. The habeas corpus was transferred to the Caguas Part for hearing. On the day set for the hearing, when appellant learned that the petition would be heard…