In Re Soldavini

The State appeals from an order granting petitioner a writ of habeas corpus discharging him from custody. In 1933 respondent was delivered to the warden at San Quentin Prison following a conviction for attempted robbery. In August, 1934, his term was fixed at twelve years, and in June, 1939, he was released on parole. In October, 1940, he was convicted of burglary in the second degree and sentenced to Folsom Prison, where he was received on November 22, 1940. On June 19, 1941, this conviction was reversed on the grounds of the failure of the trial court to instruct the jury on the presumption…