People v. Cornell

Citations

• 16 Cal. 187
• 1860 Cal. LEXIS 204

Syllabus

<p>Ox an indictment for an assault with intent to commit murder, defendant plead guilty to an assault with a deadly weapon with intent to commit bodily injury, and upon this plea, was adjudged to pay a fine of $1,200, or be imprisoned in the county jail. Defendant appeals: Held, that the Supreme Court has no jurisdiction of the appeal, the offense for which defendant was punished being a misdemeanor only, and not a felony.</p> <p>Some offenses may be punished either as felonies or as misdemeanors, and in such cases the punishment inflicted must determine the grade of the offense, and the right of appeal depends on the nature and extent of the punishment.</p>