In Re Kennerly

The petitioner was convicted of having intoxicating liquor in his possession. It was his first offense. The penalty therefor under the Wright Act was a fine of not exceeding five hundred dollars. He was fined five hundred dollars and in addition it was directed that he be imprisoned in the county jail of the county of Fresno until the fine be satisfied, in the proportion of one day’s imprisonment for every dollar of the fine.

The petitioner’s application is based upon the proposition that inasmuch as the state law provides no term of imprisonment for the first offense of having liquor in…