In Re Marzec

EDMONDS, J.

By writ of habeas corpus, Pete Marzee is seeking relief from conditions imposed upon him as a parolee from the State Prison at Folsom following his conviction of a felony. He asserts that the state'now has no authority either to imprison him further or to subject him to restraint by requiring compliance with certain conditions restricting his liberty.

The situation is a somewhat unusual one. Prior to 1940, Marzee twice had been convicted of a felony and was in this state after having escaped from the New Mexico State Penitentiary. In that year, by a judgment of the Superior Court of Los Angeles County, he was sentenced to imprisonment following his conviction upon four counts of robbery, which were found to be of the second degree. The court specified that the sentences should run consecutively. Three years later, his terms of confinement upon these sentences were fixed at a total of 30 years.

After seven years, the Board of Prison Terms and Paroles granted Marzee a parole effective when nine calendar years had been served. A condition specified by the board was that he was “to be sent to Poland by the Government or the Board, subject to detainer.” The parole was to become effective on June 6, 1939, “or as soon thereafter as the necessary arrangements can be made for your transportation, and provided that you comply with all the rules governing parole and continue to maintain a clear conduct record.”

On May 16, 1939, the Governor of California granted the request of the Governor of New Mexico for extradition of the petitioner. Two weeks later Marzee signed a document by which he “freely and voluntarily” agreed to accompany an

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officer from New Mexico “as a prisoner of the State Prison at Folsom ... to the New Mexico' State Penitentiary . . . for the purpose of answering there the charges pending against” him. “Furthermore” he thereby waived “all informality of legal proceedings” and agreed that he was “willing to return to the New Mexico State Penitentiary with said officer without the Governor’s requisition or other papers legally necessary to such cases.”

The prison record shows that Marzec was released on June 6th “on parole.” He was given a “Ticket of Leave” in printed form which included the following: “You are being released into the custody of the New Mexico State authorities to be by them confined. Should you become eligible for release by them before August 6, 1948 [date of expiration of sentence, with credits], you must be returned to the State Prison at Folsom unless the Board shall hereafter determine otherwise.” Marzec signed an agreement in writing to abide by and" strictly follow the conditions of his parole.