In Re Heath
California Court of Appeal
APPLICATION for a Writ of Habeas Corpus to secure the release of a person confined in a state prison after conviction of the crime of robbery, together with a prior charge of burglar^. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
[1] In the superior court of Alameda County, in the month of April, 1919, the petitioner was convicted of the. crime of robbery, together with a prior charge of burglary. In such cases it cannot be disputed that the statute requires the punishment to be imprisonment in the penitentiary for life. There is no minimum sentence for such case. (Secs. 213 and 667, Pen. Code.) But it is claimed that by virtue of the indeterminate sentence law (Stats. 1917, p. 665), the board of prison directors should have disregarded the prior conviction and fixed the term of imprisonment as though the…
2Cited by5 opinions
- People v. VaileCalifornia Supreme Court · 1935
- In Re WoofterCalifornia Court of Appeal · 1933
- In Re CarltonCalifornia Court of Appeal · 1921
- Ex Parte HeathCalifornia Supreme Court · 1924
- People v. VaileCalifornia Supreme Court · 1935