In Re Silva
California Court of Appeal
APPLICATION for a Writ of Habeas Corpus. The facts are stated in the opinion of the court,
1Opinion of the Court
THE COURT.
The petitioner was convicted of an offense committed before the taking effect of the so-called indeterminate sentence law. In passing judgment upon him, however, the court sentenced him to imprisonment, to use the language of the judgment, “in accordance with section 461 of the Penal Code,” which section provides that the punishment for burglary of the first degree—the offense of which the petitioner was convicted, should be imprisonment for not less than one year nor more than fifteen, thus leaving undetermined the duration of his confinement. Subsequently and after the decision of…
2Cases cited4 opinions
- In Re LeeCalifornia Supreme Court · 1918
- Burnett v. StateTexas Supreme Court · 1855
- Cooper v. Industrial Accident CommissionCalifornia Supreme Court · 1918
- People v. O'BrienCalifornia Court of Appeal · 1907
3Cited by9 opinions
- Tinkoff v. United StatesCourt of Appeals for the Seventh Circuit · 1936
- Freeman v. StateIdaho Supreme Court · 1964
- In Re BouchardCalifornia Court of Appeal · 1918
- In Re FritzCalifornia Supreme Court · 1918
- Smith v. LovellSupreme Judicial Court of Maine · 1950
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