Ex Parte Dalton
California Supreme Court
Application to be discharged upon habeas corpus from imprisonment in the State Prison. The return of the Warden of the State Prison, stated that in the year 1866, Peter Dalton was convicted in the County Court of Sacramento county, of the crime of robbery, upon two separate charges, that by the judgment of the Court, he was sentenced to be punished for the first offense by imprisonment in the State Prison for the term of ten years, beginning January 1, 1866; and for the…
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Application to be discharged upon habeas corpus from imprisonment in the State Prison. The return of the Warden of the State Prison, stated that in the year 1866, Peter Dalton was convicted in the County Court of Sacramento county, of the crime of robbery, upon two separate charges, that by the judgment of the Court, he was sentenced to be punished for the first offense by imprisonment in the State Prison for the term of ten years, beginning January 1, 1866; and for the second offense by a like imprisonment for the term of ten years, beginning January 1, 1876, and that under the Act of March…
1Opinion of the Court
Mr. Chief Justice Wallace,
speaking for the Court, said: The language of the statute is that the credits allowed for the good behavior of a convict, shall be deducted from “the entire term of penal servitude to which he has been sentenced.” The prisoner in this case has been convicted of two offenses, for each of which he has been sentenced to suffer imprisonment in the State Prison for ten years, making twenty years in all as the “entire term” to which he has been sentenced. The Court is of opinion that in such a case “the entire term of penal servitude,” within the intent of the statute, is…
2Cited by7 opinions
- In Re ReevesCalifornia Supreme Court · 2005
- In Re AlboriCalifornia Supreme Court · 1933
- In re GreenwaldU.S. Circuit Court for the District of Northern California · 1896
- Fisher v. HollowellSupreme Court of Iowa · 1925
- In re WilsonUtah Supreme Court · 1895
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