In Re Tartar

By application for habeas corpus petitioner seeks release from prison on the ground that he has already served more than the maximum term for the crime of which he was convicted (second degree burglary). His imprisonment under sentence and commitment for this crime began in 1930, and the Adult Authority has chosen to treat him as serving a life sentence. This court issued an order to show cause and appointed counsel for petitioner.

The question is whether, under the circumstances of this case, a finding and declaration by the trial court that petitioner is an habitual criminal under the…