Ex parte Gutierrez
California Supreme Court
The prisoner was brought before Mr. Chief Justice Wallace, at chambers, on an application to be discharged from custody. He had been convicted in the Police Court, of the City and County of San Francisco, of the offense of petit larceny, prior to January 1st, 1873, and was again convicted of such an offense on the 13th day of January, 1873, when he was held to answer for a felony. Mr. Tighe, for the Prisoner.
1Opinion of the Court
By Wallace, C. J.:
'In 1872 the petitioner was convicted of the offense of petit larceny—a misdemeanor. On the 1st day of January, 1873, the present Penal Code went into effect, containing a provision, in substance, that any person convicted a second time of the crime of petit larceny shall be deemed guilty of a felony, and punished by imprisonment in the State Prison. The commitment here sets forth, in the usual form, that the prisoner committed the offense of petit larceny on the 13th of January, 1873, and, also, that he had been previously convicted of the like offense, and thereupon…
2Cited by32 opinions
- In Re RosencrantzCalifornia Supreme Court · 1928
- People v. HainlineCalifornia Supreme Court · 1933
- People v. MillsCalifornia Court of Appeal · 1992
- People v. CamperlingoCalifornia Court of Appeal · 1924
- Taylor v. StateNebraska Supreme Court · 1926
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