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In Re Shelton

California Supreme Court · Crim. No. 2192. In Bank. · 1918-07-22 · Published · 174 P. 31 · 178 Cal. 552 · 1918 Cal. LEXIS 518

In the Matter of the Application of James T. Shelton for a Writ of Habeas Corpus.

Area
criminal
Panel
The Court (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

The petition for a writ of habeas corpus does not sufficiently show the existence of facts entitling the petitioner to be discharged. It is not made to appear therein that the petitioner was not lawfully deprived by the board of prison directors of the credits to which he would be entitled for good conduct under section 1588 of the Penal Code, and if he has been so deprived, his term has not expired. It is incumbent on one seeking his discharge on habeas corpus from the state prison to specifically show by proper allegation offacts his right to a discharge. The law governing the matter expressly provides that if the imprisonment is alleged to be illegal, the petitioner for a writ must state "in what the alleged illegality consists" (Pen. Code, sec. 1474). This, in our judgment, the petitioner has not sufficiently done.

The application for a writ is denied without prejudice to the making of a further application. *Page 553

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