Legal Opinion

Ex parte Simpson

California Supreme Court

Decided July 1, 1873No. 10,067PublishedCited by 6 opinions

Application bo be discharged on habeas corpus. The prisoner was convicted of a misdemeanor under Section 330 of the Penal Code. He was sentenced to pay a fine of SI,000, and in default of payment, was ordered to be imprisoned in the county jail for 365 days. Having first made an application to the Judge of the Nineteenth Judicial District, and his petition having been heard and dismissed, the prisoner applied to the Supreme Court to be discharged from custody.

1Opinion of the Court

By the Court:

The question here presented, is whether the Police Judge’s Court of the city and county of San Francisco, has jurisdiction to render a judgment on a conviction for a misdemeanor, that the defendant pay a fine of one thousand dollars, and in default of payment thereof, that he be im*128prisoned in the county jail for the period of three hundred and sixty-five days. The offense with which the prisoner was charged is gaining, as defined by the Penal Code, Section 330. The punishment prescribed is a fine of not less than two hundred, nor more than one thousand dollars, and imprisonment…

2Cases cited1 opinion

  1. Ex Parte MurrayCalifornia Supreme Court · 1872

3Cited by6 opinions

  1. In Re PfahlerCalifornia Supreme Court · 1906
  2. People v. McNultyCalifornia Supreme Court · 1892
  3. City of Los Angeles v. TeedCalifornia Supreme Court · 1896
  4. Green v. Superior CourtCalifornia Supreme Court · 1889
  5. City San Franciso v. KiernanCalifornia Supreme Court · 1893

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