Ex parte Mitchell

California Supreme Court

Ex parte Mitchell

11 P. 488, 70 Cal. 1, 1886 Cal. LEXIS 707

CourtCalifornia Supreme Court

DecidedMay 28, 1886

DocketNo. 20181

StatusPublished

Cited by10 cases

This text of 11 P. 488 (Ex parte Mitchell) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Mitchell, 11 P. 488, 70 Cal. 1, 1886 Cal. LEXIS 707 (Cal. 1886).

Pincite

Opinion

The Court.

1. The punishment authorized by section 245, Penal Code, is not excessive, cruel, or unusual within the meaning of section 6, article 1, of the constitution.

2. People v. Turner, 65 Cal. 540, to which we adhere, disposes of the second point made for petitioner.

[3]*33. The entire judgment is not void. . That portion of it providing for imprisonment as a means of enforcing the payment of the fine is separable from the rest. The sentence to imprisonment as a punishment is in force, and the petitioner cannot now be discharged, whatever may hereafter be his rights regarding the order of imprisonment as to the fine. Whether he will be entitled to a discharge on the expiration of the two years, we indicate no opinion.

The petitioner is remanded, and the writ discharged.

Free access — add to your briefcase to read the full text and ask questions with AI