In Re Brain

This matter comes before us upon an application for a writ of habeas corpus. Petitioner contends that his confinement in the state prison at San Quentin, California, is illegal because the judgment of conviction of the crime of burglary, by reason of which he is being restrained of Ms liberty, was based upon a plea of guilty and that no such plea was ever entered by said petitioner.

From the transcript of the proceedings in the trial court, it clearly appears that the petitioner did not plead guilty, but that his attorney stated to the court: “I believe the information has been read; if not,…