In re Corcoran

U.S. Circuit Court for the District of Northern California

In re Corcoran

47 F. 211, 14 Sawy. 178, 1889 U.S. App. LEXIS 2609

CourtU.S. Circuit Court for the District of Northern California

DecidedAugust 19, 1889

StatusPublished

This text of 47 F. 211 (In re Corcoran) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Northern California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Corcoran, 47 F. 211, 14 Sawy. 178, 1889 U.S. App. LEXIS 2609 (circtndca 1889).

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Opinion

Sawyer, J.

We are of opinion that the words “any prison or penitentiary” in the act of March 3, 1875, (1 Supp. Rev. St. 184,) means state-prison or penitentiary, and does not include county jails, or places employed for temporary confinement, or confinement for short periods for petty offenses. In some states the place of confinement, in punishment of the higher grade of offenses, is called a “state-prison,” and in others a “penitentiary,” and congress recognized this fact in providing for credits in this act. The act supersedes the the similar provision in sections 5543 and 5544, Rev. St., in which the words “jail or penitentiary” are used. This change in the language is significant, and indicates an intention to limit credits to those state-prisons and penitentiaries properly so called. This view renders it unnecessary for us to express 'our opinion upon the constitutionality of the state act allowing credits, a question which more properly belongs to the state supreme court to decide. Let the writ be denied.

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Sawyer, J.

We are of opinion that the words “any prison or penitentiary” in the act of March 3, 1875, (1 Supp. Rev. St. 184,) means state-prison or penitentiary, and does not include county jails, or places employed for temporary confinement, or confinement for short periods for petty offenses. In some states the place of confinement, in punishment of the higher grade of offenses, is called a “state-prison,” and in others a “penitentiary,” and congress recognized this fact in providing for credits in this act. The act supersedes the the similar provision in sections 5543 and 5544, Rev. St., in which the words “jail or penitentiary” are used. This change in the language is significant, and indicates an intention to limit credits to those state-prisons and penitentiaries properly so called. This view renders it unnecessary for us to express 'our opinion upon the constitutionality of the state act allowing credits, a question which more properly belongs to the state supreme court to decide. Let the writ be denied.

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Bluebook (online)

47 F. 211, 14 Sawy. 178, 1889 U.S. App. LEXIS 2609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-corcoran-circtndca-1889.