In Re Fisher

Petitioner was convicted of failing to provide for his minor children, and on March 10, 1933, was sentenced by a judge of the Municipal Court of Los Angeles to be imprisoned in the county jail “for the term of two years on public work at $2.00 per day”. He petitions for his release upon the ground that he is now, more than one year after imposition of sentence, illegally restrained of his liberty in view of the enactment of section 19a of the Penal Code (chap. 848, Stats. 1933). That section, enacted since the date of petitioner’s incarceration, reads as follows: “In no case shall any person…