In Re Conroy

SHINN, P. J.

A writ of habeas corpus was issued upon petition of Joseph P. Conroy, who was and now is confined as a prisoner in the Medical Facility at Terminal Island, by direction of the Adult Authority of the Department of Corrections. He was convicted in Los Angeles County of the crime of murder, in 1937, and was sentenced to life imprisonment.

It was alleged in the petition that on or about June 3, 1944, petitioner was released from the California Institute for Men at Chino, to enter the United States Army; his induction was refused until he could be completely free of all restraint from the California Adult Authority; he was by the Authority released from all restraint, and on June 11, 1944, enlisted in the United States Army; four months later he received an honorable discharge and remained at liberty until on or about April 28, 1950, when he was taken into custody and incarcerated in the institution for men as a parole violator. It was alleged that petitioner was never released on parole, was under no restraint by the Adult Authority, he always understood that he was not on parole and was under no duty to comply with any of the usual terms of parole, and that he never at any time violated any duty as a parolee. Respondent Marion R. King, superintendent of the Medical Facility at Terminal Island, San Pedro, made return to the writ, alleging that petitioner was given a special service parole pursuant to the provisions of section 3100 et seq. of the Penal Code, on or about June 9, 1944, and that petitioner, after his discharge from the Army, did not make this fact known to the California Bureau of Paroles, nor come within the jurisdiction thereof until May 4, 1950, and that he did not receive a pardon from the governor and was not granted a full discharge from parole; that on June 22, 1945, petitioner’s special service parole was revoked and his return to prison ordered. The return listed eight alleged acts and omissions of petitioner as violations of the terms of his parole, and alleged that by reason thereof petitioner’s parole was

[196]

duly revoked and petitioner was ordered returned and was returned to prison. A traverse to the return was filed by petitioner denying that he had received a special service parole and setting forth at length the details of his conduct and actions after his release, alleging that none of them constituted a violation of parole or the conditions under which he was released from custody.