In Re Leypoldt

Petitioner plead guilty, in the justice’s court, to a charge of petty theft, and on December 20, 1938, was sentenced to serve six months in the county jail. He was committed, and started to serve such sentence. On April 8th, he applied to the Superior Court of Stanislaus County for a writ of habeas corpus, alleging that his sentence was void, for the reason that it was mandatory upon the justice’s court to sentence him to imprisonment in the county road camp, under the provisions of Statutes of 1921, page 1615. Such is clearly the law and both the. People and petitioner take that position.…