People v. Carlton

Morrison, C. J.:

The appeal in this case is taken upon the judgment roll alone, and the ground relied upon for a reversal is, that the punishment was in excess of that authorized by law. The prosecution was by information, and the conviction was of the crime of petit larceny. The information charged a previous conviction of a similar offense, and the judgment of the Superior Court was, “ that the said Joseph Carlton be punished by imprisonment in the State prison of the State of California for the term of four years.”

Section 666 of the Penal Code provides, that “ every person who, having been…