¶1The principle of law which rules In re Smith, ante, p. 337 [223 Pac. 971], is decisive of the instant ease. The facts of the two eases are so similar in material respects as to bring both within the same rule of law. Upon the authority of Ex parte Smith the writ is granted and the petitioner is released from custody.
193 Cal. 782
Corpus.
Decided February 26, 1924
Decided 1924-02-26