Ex parte Green

Citations

• 86 Cal. 427
• 25 P. 21
• 1890 Cal. LEXIS 1046

Syllabus

<p>Criminal Law — Separate Convictions — Concorrent Imprisonment — Release Pending Appeal — Unexpired Term — Habeas Corpus.— Where a defendant convicted in the superior court of libel, and sentenced to six months’ imprisonment, after being confined four days is released on bail pending an appeal, and while such appeal is pending is convicted in the police court of conspiracy, and sentenced to one year’s imprisonment, but after one day’s confinement is released on bail, pending an appeal from such judgment of conviction, and the sentence is affirmed in each case, the unexpired portion of the second term of imprisonment does not commence to run until the date of the affirmance of the second sentence, although the prisoner is in custody serving the first sentence when the second judgment is affirmed. The two terms are concurrent until tlie term of the first judgment has expired, and the prisoner will be entitled to his discharge 364 days after the date of affirmance of the second sentence, and not before.</p>