People v. Padilla

Luis Felipe Padilla was convicted of a violation of Section 328 of the Penal Code and sentenced to two years in the penitentiary. His contention is that a violation of Sec*139tion 328 of tlie Penal Code is a misdemeanor punishable only by a maximum fine of $3,000 or imprisonment in jail not to exceed three years. Tbe gist of tbe argument is tbis:

Section. 204 of the Penal Code, as amended in 1933 (Session Laws 264) makes involuntary manslaughter a misdemeanor punishable “by confinement in jail for a maximum term of three (3) years, or by a maximum fine of three thousand (3,000) dollars, or by both…