In Re Halcomb

— Petitioner, now in custody of the warden of the California State Prison at San Quentin, seeks by habeas corpus proceeding his release from said imprisonment. His petition shows that he was convicted of a misdemeanor and sentenced to one year’s imprisonment in the county jail at San Bernardino. At his own request he was assigned to work upon the county prison road gang of said county for the term *127of his imprisonment, and while a prisoner in said road gang, and on the 22d day of January, 1942, he escaped therefrom. Upon his apprehension by the officials of said county he was charged with the…