California Supreme Court June 30, 1965, Crim. No. 8880 (In re Hall)

McCOMB, J.

An application for a writ of habeas corpus has been filed by Don Edgar Burris on behalf of Monroe Smith Hall (hereafter called petitioner) alleging that he is being illegally detained at Folsom State Prison.

Facts: Petitioner was convicted of assault with a deadly weapon, the maximum penalty being 10 years’ imprisonment (Pen. Code, § 245).