Ex parte Halsted

Citations

• 89 Cal. 471
• 26 P. 961
• 1891 Cal. LEXIS 840

Syllabus

<p>Jurisdiction of Police Court — Petit Larceny—Los Angeles — Whitney Act. — The city of Los Angeles, so far as its police courts are concerned, is governed by the act of March 18, 1885, known as the Whitney act, establishing police courts in cities having more than thirty thousand and less than one hundred thousand inhabitants, and conferring upon the police court exclusive jurisdiction of certain public offenses, including petit larceny.</p> <p>Id.—Habeas Corpus — Time of Application of Whitney Act.—Upon an application for a release on habeas corpus of one convicted of the crime of petit larceny in the police court of Los Angeles, it is unnecessary to determine the precise time when that city passed into the class of cities entitled to police courts, where it is apparent that it certainly changed long prior to the arrest, conviction, and commitment of the petitioner.</p> <p>Id. —Place of Imprisonment for Non-payment of Fine — City Jail. — There is no conflict between the provisions of the Penal Code and those of the Whitney Act (act of March 18, 1885), in regard to the place of imprisonment for non-payment of a fine of persons convicted in the police courts, and the police court has the power to direct imprisonment in the city jail as a means of collecting a fine of all persons convicted in such courts.</p> <p>Id. —Requirement of Labor — Review upon Habeas Corpus. —The fact that persons imprisoned in the city jail may be required to labor, which may impose a hardship different from that suffered by persons outside of such cities, cannot be considered upon habeas corpus.</p>