People v. Nop

Citations

• 124 Cal. 150
• 56 P. 786
• 1899 Cal. LEXIS 960

Syllabus

<p>Criminal Law—Violation of Fish Laws—Jurisdiction óf Superior Court—Minimum Punishment.—Under section 636 of the Penal Code prescribing only a minimum punishment “by a fine of not le<s than one hundred dollars, or by imprisonment in the county :.t:I not less than fifty days, or by both such fine and imprisonment,” for violation of the fish laws, the punishment may be adjudged at anything not less than the minimum; and the superior court has jurisdiction of an information filed under that section.</p> <p>Id.—Construction of Code—Maximum Punishment not Fixed.—Section G36 of the Penal Code cannot be construed together with sec-t-on 19 of the same code, as fixing a minimum punishment in the former section and a maximum punishment in the latter section. Section 19 of the Penal Code is to be construed as intended to apply only to cases where some other punishment is not prescribed by the code, and not to be joined and invoked with, some other section of the code which provides a penalty.</p>