Ex Parte Kelly

In April, 1897, the petitioner was sentenced to a term of fifteen years’ imprisonment in the Folsom state prison for the crime of burglary. Under the law allowing credits for good conduct—all of which he earned during the period of his confinement—his term would have expired on the fourteenth day of September, 1906. He was, however, discharged from the prison on May 15, 1905, in obedience to a conditional pardon or commutation of his sentence by Governor Pardee. The condition of his release was stated in the proviso: “that if, after said day of discharge, said Frank Kelly shall be convicted…