In Re Solman

THOMPSON (R. L.), J.

This is an appeal from an order granting a writ of

habeas corpus.

The petitioner was convicted of forgery. His term of imprisonment was fixed at five years in the state penitentiary; Without the benefit of time credits his term would expire October 24, 1930. He was paroled August 8, 1927. He violated his parole by the subsequent commission of another offense June 28, 1928. After hearing by the prison board, his parole was terminated and he was returned to prison January 5, 1929. His past and future credits were thereupon revoked in the following language: “Said prisoner, for the said offense, should be punished by a forfeiture of such time credits as he has heretofore earned,

or may hereafter

earn.”

The petition alleges that the prisoner was afterward allowed four and a half months’ credit on his term of commitment, which was not thereafter revoked.

Minutes of the board of prison directors disclose the following procedure, in part: “Warden’s Report. Be It Resolved: That credits for the six month period ending June 30, 1929, computed according to the credit plan . . . adopted by the State Board of Prison Directors . . . are hereby allowed

to all prisoners

confined in the California State Prison at Folsom . . . except to those of said prisoners who are hereinafter named whose credits for said period have been disallowed. . . . The Warden of said State Prison is hereby authorized and directed to allow such credits to all prisoners whose periods of confinement . . . will have been concluded within the period of six months after the 1st day of July, 1929, and thereupon to discharge such prisoners. . . . The following are the names of the prisoners hereinabove referred to whose credits have been disallowed . . . : (Here follows the names of 77 prisoners

[730]

whose credits 'were disallowed, among which the name of this petitioner does not appear.)

“Action of Board: Approved July 13, 1929.”