Ex parte Gutierrez

Citations

• 45 Cal. 429

Syllabus

<p>Strict Construction of Penal Statutes Abrogated.—The rale of the common law, that penal statutes should receive a strict construction in favor of him upon whom a penalty was to be inflicted, has been abrogated by the Oode, which has constituted itself, in this respect, its own interpreter.</p> <p>Conviction Prior . to Taking Effect of Code.—Under the Penal Code there is no distinction between the first conviction of petit larceny, had anterior to January 1st, 1873, and a conviction for the same offense, had after that date.</p> <p>Statute not Ex Post Facto..—The section of the .Penal Code which provides that one who has been convicted of the offense of petit larceny, who shall again commit the offense of petit larceny, is to be deemed guilty of a felony, is not ex post facto, within the meaning of the Federal Constitution, even when applied to one who committed the first offense prior to the taking effect of the Code.</p>