Ex parte Kelly
California Supreme Court
The defendant was indicted in Sacramento County for an assault with a deadly weapon, with intent to commit bodily injury upon the person of Anton Taylor, committed on the 30th day of April, 1864, and was convicted, and on the 25th day of November, 1864, sentenced by the County Court. August 15th, 1865, the prisoner applied to the Supreme Court to be discharged on habeas corpus. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Sanderson, C. J.
The judgment is in harmony with the law of the case. Section fifty of the Act concerning crimes and punishments,, and section four hundred and sixty of the Act concerning criminal practice are in pari materia and must be read together. There is no conflict between them, and when read together the intent and meaning is obvious. Upon conviction for an assault with a deadly weapon with intent to inflict upon the person of another *415a bodily injury, the Court may lawfully sentence the offender to imprisonment in the State Prison for any term not exceeding two years, or…
2Cited by14 opinions
- In Re AntazoCalifornia Supreme Court · 1970
- In Re GarrityCalifornia Court of Appeal · 1929
- In Re KennerlyCalifornia Supreme Court · 1923
- United States v. RascoeU.S. Navy-Marine Corps Court of Military Review · 1990
- Ex parte McGeeOregon Supreme Court · 1898
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