Ex Parte Baldwin

Citations

• 60 Cal. 432
• 1882 Cal. LEXIS 487

Syllabus

<p>Judgment for Payment of Pine—Misdemeanor—Punishment—Sunday Law.—Upon a conviction for keeping open a place of business on Sunday, the judgment was “that the defendant pay a fine of fifty dollars, or be imprisoned in the County Jail * * * for the period of fifty days.” Held: As to the imprisonment of the defendant, the judgment is void, and affords no authority to any officer to hold him in custody.</p> <p>Id.—Id.—The power of a Justice to impose imprisonment upon a defendant convicted of a misdemeanor, punishable only by fine is derived from § 1446, Penal Code, and can be exercised only in accordance with its provisions.</p> <p>Id.—Cases Distinguished.—Exporte Kelly, 28 Cal. 414; Ex parte Chin Tan, 8 P. C. L. J. 1113, and Ex parte Ellis, 54 Id. 204, distinguished.</p>