Ex parte Ahern

Citations

• 103 Cal. 412
• 37 P. 390
• 1894 Cal. LEXIS 792

Syllabus

<p>Criminal Law—Commitment to State Prison—Process—Construction of Constitution.—The word “process,”as used in section 20 of article VI of the constitution, which provides that the style of all process shall he “ The People of the State of California,” and that all prosecutions are to be conducted in their name and by their authority, does not apply to the warrants by which persons are held and committed to the state prison after conviction.</p> <p>Id.—Form of Warrant—Certified Copt of Judgment.—Under the provisions of the old constitution and statute—being exactly the same as the existing provisions of the new constitution and the code—it has been uniformly held that a certified copy of the judgment showing the conviction is the proper form of warrant for commitment of a Convicted person to the state prison.</p> <p>Id.—Presumption as to Intention of Framers of New Constitution— Readopted Provision of Old Constitution.—It cannot be presumed that the framers of the new constitution were ignorant of a point decided under the old constitution, or that they intended a provision readopted from the old constitution to have an operation theretofore uniformly denied to it.</p>