In re McNeil

Citations

• 68 Kan. 366
• 74 P. 1110
• 1904 Kan. LEXIS 113

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Assault and Battery- — Illegal Fine — Bight to be Discharged on Habeas Corpus. The punishment for assault and battery is fixed by section 2028, General Statutes of 1901, at a fine not to exceed $500 or by imprisonment not exceeding one year. The petitioner was convicted of a violation of said section of the statute and sentenced to imprisonment in the county jail for a term of three months and to pay a fine of one dollar, and to stand committed until the fine and costs were paid. He paid the.fine. Held, that the prisoner is entitled to be discharged on habeas corpus.</p>