People v. Brown

Citations

• 113 Cal. 35
• 45 P. 181
• 1896 Cal. LEXIS 740

Syllabus

<p>Criminal Law—Judgment of Imprisonment and Fine—Imprisonment to Satisfy Fine—Void Provision.—Where a judgment of imprisonment has been rendered, and also a judgment of fine, there can be no imprisonment to satisfy the fine, and that portion of such a judgment which provides for imprisonment to satisfy the fine is void.</p> <p>Zd.—Construction of Penal Code—Enforcement of Fine—Judgment Lien—Execution.—Section 1205 of the Penal Code, which provides for imprisonment to satisfy a fine, only applies where there is no direct judgment of imprisonment; but section 1206, which makes a judgment imposing a fine a lien in like manner as a judgment for money in a civil action, and also section 1214, which provides that if a judgment is for a fine alone, execution may be issued thereon as on a judgment in a civil action, apply equally whether the judgment be one of fine coupled with a judgment for imprisonment, or whether it be simply a judgment of fine without a judgment of imprisonment.</p>