Davis v. State

1. Where one is convicted of a misdemeanor for which the punishment is prescribed by section 1065 of the Penal Code (1910) the judge may sentence him to pay a fine not to exceed $1,000 and to imprisonment not to exceed six months and to the chain-gang not to exceed twelve months, or may make the sentence in the alternative; and when the judge does this his discretion as to either is limited by that section of the Penal Code.(a) Under section 1065 of the Penal Code, an alternative sentence can*184not prescribe punishment by imprisonment in the common jail for a term longer than six months. See…