Legal Opinion · Dissent

Ex Parte Karlson

California Supreme Court

Decided July 31, 1911No. Crim. No. 1630Published

APPLICATION for a Writ of Habeas Corpus directed to the Sheriff of Los Angeles County. The facts are stated in the opinion of the court.

1DissentAngellotti, J.

I dissent. It is practically

held by the opinion that, section 1205 of the Penal Code having no application to proceedings for contempt under sections 1209 et seq. of the Code of Civil Procedure, any court imposing a fine upon a person as a punishment for contempt may direct that he be imprisoned until such fine is paid. The limitation of section 1205 of the Penal Code, not being applicable, and no limitation being elsewhere made by our statute law, such imprisonment may be continued indefinitely, and as it is held with practical unanimity that imprisonment for mere nonpayment of a fine is not…

2Cases cited7 opinions

  1. Ex parte RosenheimCalifornia Supreme Court · 1890
  2. Ex parte CrittendenCalifornia Supreme Court · 1881
  3. WilsonCalifornia Supreme Court · 1888
  4. Fischer v. HayesU.S. Circuit Court for the District of Southern New York · 1881
  5. Brock v. StateSupreme Court of Georgia · 1857

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