Summary
In Ex parte Riley, 142 Cal. 124 [ 75 P. 665 ], however, a judgment in essentially the same form as that in the Baldwin case was upheld.
Summary of this case from In re GlavichOpinion
Crim. No. 1142.
February 4, 1904.
PETITION in the Supreme Court for Writ of Habeas Corpus to W.J. Nesbitt, Sheriff of Monterey County.
The facts are stated in the opinion of the court.
Renison Felins, for Petitioner.
Petition for a writ of habeas corpus. Petitioner was convicted of violating a county ordinance and sentenced to pay a fine of thirty dollars, or to serve fifteen days in the county jail. He contends that the judgment is void because it does not admit of satisfaction by payment of so much of the fine as is not satisfied by imprisonment at the rate of two dollars a day. It does not, in terms, provide that it may be so satisfied, but we think that is its effect. Whenever it is made to appear that petitioner has paid so much of his fine as remains unsatisfied by imprisonment at two dollars a day he will be entitled to his discharge.
Petition denied.