Ex parte Kelly

Citations

• 65 Cal. 154
• 3 P. 673
• 1884 Cal. LEXIS 476

Syllabus

<p>Criminal Law—Habeas Corpus—Battery—Punishment—Jurisdiction.— The petitioner was convicted of Battery By a justice of the peace for the township of Los Angeles, and adjudged to pay a fine of six hundred and fifty dollars, or be imprisoned in the county jail until the fine Be paid in the proportion of one day’s imprisonment for every dollar of the fine, and that while so imprisoned he perform labor on the streets or other public works of the city of Los Angeles. Held, that the portion of the judgment requiring the performance of labor on the streets or other public works of the city of Los Angeles was beyond the jurisdiction of the justice, and therefore void.</p> <p>Id. — Judgment Void in Part. — On an application for a writ of habeas corpus, the judgment under which the prisoner is held is a unit, and if one portion of it is without the jurisdiction of the court which made it, the whole is void.</p> <p>Id.—Charter of Los Angeles. — The sixth sectioh of the Act of 1872, amending the charter of the city of Los Angeles, has reference only to cases where the penalty is solitary confinement in the county jail.</p>