Ex parte Williams

Citations

• 89 Cal. 421
• 26 P. 887
• 1891 Cal. LEXIS 830

Syllabus

<p>Habeas Corpus — Prisoner Held under Certified Copy of Judgment Entered —Judgment Filed with Different Recitals. — In proceedings upon habeas corpus for the release of a prisoner from the state prison, the court will not determine that the document under which the petitioner is detained, and which is certified by the clerk to be a true and correct copy of the judgment “ entered ” on the minutes of the court, is to be disregarded or held of no effect by the production of another document, with different recitals, certified by the same officer to be a full, true, and correct copy of the original minute entry of judgment filed ” in the clerk’s office.</p> <p>Id. — Criminal Law — Material Parts of Judgment — Unnecessary Recitals. — The only material parts of a judgment in a criminal case are the statement of the offense for which the defendant has been convicted and the sentence of the court, and it is not necessary that anything which is contained in the papers which precede it should be repeated therein.</p> <p>Id. — Burglary — Prior Convictions — Sentence. —In a prosecution for burglary in the second degree, under an information which also charges three prior convictions, when upon arraignment the defendant pleads not guilty to the crime charged, and admits the prior convictions, and is convicted of the crime of burglary in the second degree, the court does not exceed its jurisdiction in sentencing him to imprisonment in the state prison for the term of ten years allowed by law for a conviction of the second offense of burglary in the second degree.</p>