People v. Cornell

Baldwin, J. concurring.

The defendant was indicted for an assault with intent to commit murder. He pleaded guilty to an assault with a deadly weapon with intent to commit bodily injury, and upon this plea he was adjudged to pay a fine of $1,200, or be imprisoned in the county jail. The Attorney General *188moves to dismiss the appeal, upon the ground that the offense is not a felony. The statute makes every offense a felony which is punishable with death, or by imprisonment in the State prison. There are some offenses which may be punished either as felonies or as misdemeanors, and in such cases…