Ex parte Gilmore
California Supreme Court
Application for a writ of habeas corpus. The facts are stated in the opinion of the court.
1Opinion of the CourtThornton, J.
— The petitioner was regularly convicted of an assault, and sentenced to fine and imprisonment for three months. The sentence was one which the court was not authorized by law to impose, the statute allowing a sentence of fine or imprisonment not exceeding three months. (Pen. Code, sec. 241.)
The petitioner applied to this court for a writ of habeas corpus, and after he was heard, the court which had pronounced the illegal sentence vacated it, and imposed im*625prisonment for eighty-one days. The first sentence was pronounced on the 23d of October, 1886, the petitioner was heard on the 28th, and…
2Cases cited1 opinion
- Ex Parte LangeSupreme Court of the United States · 1874
3Cited by11 opinions
- In Re SullivanCalifornia Court of Appeal · 1906
- State v. TyreeSupreme Court of Kansas · 1904
- In re LewisMontana Supreme Court · 1916
- Fabretti v. Superior CourtCalifornia Supreme Court · 1888
- People v. ConleyCalifornia Court of Appeal · 1915
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