State Ex Rel. Pence v. Koch

This is an appeal from a judgment of the superior court restraining a justice of the peace from enforcing a jail sentence which that officer had imposed upon a defendant in a criminal case.

Paul Pence, together with another, was charged in the justice of the peace court with the crime of petit larceny, to which they both pleaded guilty. They were sentenced to pay the costs, and each was given “30 days jail. Suspended.” This judgment was entered June 24, 1931. The defendants paid the costs. June 21, 1932, or approximately a year later, the prosecut ing attorney made an application, to the same…