Legal Opinion
In Re Humphrey
California Court of Appeal
Decided November 28, 1923No. Crim. No. 744PublishedCited by 12 opinions
1Opinion of the CourtFinch, P. J.
This is an application for a writ of habeas corpus.
Petitioner was charged with the unlawful sale of intoxicating liquor and with a prior conviction of a like sale. He admitted the prior conviction and was convicted of the unlawful sale charged. The court sentenced him to pay a fine of $1,000 and to be imprisoned in the state prison “for the term provided by law.” Petitioner contends that the court exceeded its jurisdiction in sentencing him to imprisonment in the state prison.
The Wright Act adopts by reference “the penal provisions of the Volstead Act.” (Stats. 1921, p. 79.) Such provisions…
2Cases cited7 opinions
- In Re MillsSupreme Court of the United States · 1890
- Ex Parte CainSupreme Court of Oklahoma · 1908
- Ex Parte SmithCourt of Criminal Appeals of Oklahoma · 1923
- Brooks v. PeopleSupreme Court of Colorado · 1890
- In Re BurkeCalifornia Supreme Court · 1923
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. Buena Vista Mines, Inc.California Court of Appeal · 1996
- In Re WilsonCalifornia Supreme Court · 1925
- In Re GarrityCalifornia Court of Appeal · 1929
- Greene v. Town of LakeportCalifornia Court of Appeal · 1925
- People v. PagniCalifornia Court of Appeal · 1924
7 more not listed; retrieve them via the Exa API.