Ex Parte Ballard

This is a petition by IT. H. MeCloskey, on behalf of Frank Ballard, for the latter’s discharge on habeas corpus from the custody of the sheriff of the city and county of San Francisco. His claim to be'discharged is based on the provision of section 1262 of the Penal Code, which is as follows: “If a judgment against the defendant is reversed without ordering a new trial, the appellate court must if he is in custody direct him to be discharged therefrom.” In the petition for the writ in the cause at bar the statement of the facts relied on for a discharge are very meager, and are, in substance,…