Spears v. Cty. of Modoc

Citations

• 101 Cal. 303
• 35 P. 869
• 1894 Cal. LEXIS 1030

Syllabus

<p>Municipal Ordinance—Fine for Violation—Repeal of Ordinance Pending Appeal—Affirmance—Remission of Fine—Execution— Injunction.—Where a fine was imposed upon a person accused of violating a municipal ordinance, and pending an appeal from the judgment to the superior court the municipal ordinance was repealed, such repeal operates as a remission of the penalty for the offense and of the fine imposed for its violation, and such fine cannot be enforced by execution, notwithstanding an affirmance of the judgment by the superior court after the repeal of the ordinance; and such enforcement will be restrained by injunction.</p> <p>Id.—Repeal of Penal Statute—Jurisdiction.—The repeal of a penal statute without a saving clause has the effect to deprive the court in which a prosecution under the statute is pending of all power to proceed further in the matter.</p> <p>Id.—Criminal Law—Appeal—Stay of Proceedings.—By an appeal to the superior court in a criminal case, the enforcement of the judgment appealed from is stayed until after the determination of the appeal; and until its determination the proceeding is a pending action in which the rights of neither party have been conclusively determined.</p> <p>Id.—Repeal of Ordinance—Reservation of Existing Offenses—Construction of Code.—Section 329 of the Political Code, providing that *‘ the repeal of any law creating a criminal offense” does not bar proceedings for the “punishment of an act already committed in violation of the law so repealed,” unless the intention to bar such proceedings “is expressly declared in the repealing act,” is limited in its application to the repeal of a “law,” and does not extend to the repeal of a municipal ordinance.</p>