Legal Opinion

McAllister v. Superior Court

California Court of Appeal

Decided August 18, 1938No. Civ. 10873PublishedCited by 4 opinions

1Opinion of the CourtSpence, J.

Petitioner seeks a writ of prohibition to restrain the respondent court from enforcing the alternative provisions of the sentence imposed upon petitioner by the respondent court in a criminal action.

The minutes of said court show that petitioner was convicted of the crime of conspiracy to violate section 17 of an act known as the General Cemetery Act (Stats. 1931, p. 2443), and that after he was duly arraigned for sentence on March 2, 1936, the trial court ordered that petitioner “pay a fine of $900.00, said fine to be paid at not less than $25.00 per month beginning on June 1st, 1936, and…

2Cases cited14 opinions

  1. Mooney v. HolohanSupreme Court of the United States · 1935
  2. In Re MooneyCalifornia Supreme Court · 1937
  3. Wiggin v. Superior CourtCalifornia Supreme Court · 1886
  4. Hogan v. Superior CourtCalifornia Court of Appeal · 1925
  5. In Re SullivanCalifornia Court of Appeal · 1906

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. McAllisterCalifornia Supreme Court · 1940
  2. Gonzales v. State of CaliforniaCalifornia Court of Appeal · 1977
  3. People v. CoyleCalifornia Court of Appeal · 1948
  4. Rico v. Nasser Bros. Realty Co.California Court of Appeal · 1943

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