In Re Wilson

CURTIS, J.

Petition for writ of

habeas corpus

by William Wilson, wherein said petitioner, among other matters, alleges as follows:

“On or about February 21, 1922, petitioner pleaded guilty to an information filed against him in the superior court of Kings county, charging him with violation of section 464 of the Penal Code, namely, burglary with explosives, and that by reason of said imprisonment (plea) he was sentenced on or about February 21, 1922, to be imprisoned in the state prison, and was removed to the state prison and there confined.

“Thereafter, and on or about December 29, 1924, petitioner was discharged from said state prison, where he was confined because of said conviction; that said discharge was ordered by the superior court of Sacramento county in a

habeas corpus

proceeding pending before said court; that said superior court of Sacramento county ordered petitioner returned to the superior court of Kings county for resentence to the county jail because of said conviction, and in conformity with the decision of the honorable the District Court of Appeal of the State of California, First District, Division Two, in the case of

In re Schaffino,

70 Cal. App. 65 [232 Pae. 719], which latter case held that the crime of burglary with explosives was a misdemeanor and not a felony and that accordingly a person convicted of said offense could not be imprisoned in a state prison.

“That thereafter, and on or about December 31, 1924, said superior court of Kings county resentenced petitioner to be imprisoned in the county jail of Kings county for the term of twenty-five years.

“That thereafter the petitioner applied to this honorable court for a writ of

habeas corpus,

claiming that his imprisonment in the county jail was illegal for various reasons, and that this honorable court, in its decision made on July 29, 1925, reported in 196 Cal. 517 [238 Pae. 359], discharged the writ of

habeas corpus

and remanded petitioner to the

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