In Re Bost

SHENK, J.

This is a petition for a writ of

habeas corpus.

The petitioner, William J. Bost, was charged in the county of Los Angeles with the crime of murder. He was convicted of manslaughter and sentenced to San Quentin for the term provided by law. Pursuant to the judgment a commitment was issued on October 18, 1929, and on November 9, 1929, the petitioner was delivered into the custody of the warden at San Quentin. The petitioner took an appeal from the judgment and from an order denying his motion for a new trial. On August 4, 1930, the judgment and order were affirmed.

(People

v.

Bost,

107 Cal. App. 550 [290 Pac. 513].)

[152]

On the trial of the petitioner one Fred A. Parman appeared and testified as a witness for the defendant. Thereafter Parman was indicted in said county for the crime of perjury, involving his testimony on the trial of the petitioner. Pending the trial of Parman and on November 23, 1929, counsel for Parman filed an affidavit with the trial court, pursuant to section 1333 of the Penal Code, setting forth that Bost was a material witness for the defendant Parman in the pending action; that Bost was confined in the state prison at San Quentin and application was made, based on said affidavit, for the removal of Bost from San Quentin to Los Angeles for the purpose of giving his testimony on behalf of Parman. The superior court made the order requested and directed the warden “to permit the temporary removal of said William J. Bost from said penitentiary by the said sheriff for the said purposes’’. On November 26, 1929, the warden delivered Bost to the sheriff of Los Angeles County and took the latter’s receipt for the prisoner, who was in due time lodged in the county jail of Los Angeles County to await the giving of his testimony.

On August 4, 1930, when the judgment against the petitioner was affirmed and on September 12, 1930, when the