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IN RE DRAKE

Docket No. Crim. 5254.

38 Cal.2d 195 (1951)

238 P.2d 566

In re ROY DRAKE, on Habeas Corpus.

Supreme Court of California. In Bank.

December 18, 1951.

Attorney(s) appearing for the Case

Mento & Buchler and George K. Littlefield for Petitioner.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Gail A. Strader, Deputy Attorney General, for Respondent.

EDMONDS, J.

In his petition for a writ of habeas corpus, Roy Drake, an inmate of Folsom Prison, alleges that in 1943 he was sentenced to imprisonment on his plea of guilty to two charges of first degree robbery. Seven months later, he and three other convicts escaped. The following year, in Mississippi, he was sentenced to imprisonment for 100 years for robbery with firearms.

Drake asserts that as a prisoner of Mississippi he was subjected to brutal and inhuman...

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