In Re Hicks

By means of habeas corpus the petitioner seeks to obtain his release from state prison on the theory that he has served the term originally fixed by the prison board as a penalty for the crime of burglary of the second degree of which he pleaded guilty. For violation of his parole the prison board subsequently rescinded its original order fixing the period of his imprisonment at seven years and resentenced him to a term of twelve years which has not yet expired. It is contended the prison board was without authority to increase the term of his imprisonment after having definitely fixed it at…