In Re Borah

In default of payment of the fine, petitioner has been confined in the county jail ever since September 16, 1932. He contends that under such sentence the limit of his lawful imprisonment was six months, and therefore that he is now entitled to discharge from custody. In support of this contention he relies upon the provisions of sections 146, 153 and 153% of the California Vehicle Act, and sections 17 and 19 of the Penal Code. Section 17 of the Penal Code provides that when a crime, punishable by imprisonment in the state prison, is also punishable by fine or imprisonment in a county jail,…