Ex Parte Murray (1872) · DecisionDepot

Ex Parte Murray

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Apr 15, 1872 No. No. 3,318Published

Before: Wallace

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Holding. The court held that a judgment of conviction is valid on habeas corpus if the court had competent jurisdiction and the judgment is certain and definite in its terms, regardless of whether the record entry specifies the particular misdemeanor.

Issues

Whether a judgment of conviction is invalid on habeas corpus for failing to specify the particular misdemeanor in the record entry.
Whether the Police Judge's Court of San Francisco is a court of competent jurisdiction whose judgments are entitled to support on collateral inquiry.

Disposition. remanded

Quotations verified verbatim against the opinion

“if the Court whose judgment is assailed be one of competent jurisdiction to render a final judgment of the character appearing, we are then only to inquire if the judgment, as rendered, be upon its face certain and definite in terms”

Synopsis

The petitioner was taken before the Court upon a writ of habeas corpus.

The facts are stated in the opinion.

By the Court,

Wallace, C. J.: The return made to the writ issued in this case shows that the prisoner is detained by the Sheriff under a commitment of the Police Judge’s Court of the City and County of San Francisco, which is as follows:

“ In the Police Judge’s Court of the City and County of San Francisco, State of California: The People of the State of California v. Patrick Murray. State of California, City and County of San Francisco, ss.—The People of the State of California to the Sheriff of the City and County of San [456]Francisco, greeting: Whereas, Patrick Murray, having been duly convicted in the Police Judge’s Court of the City and County of San Francisco, State of California, of the crime of misdemeanor, as charged in the complaint, upon oath, in the above entitled criminal action, and by said Court sentenced and adjudged, as a punishment for said crime, to pay a fine of forty ($40) dollars, and in default of payment of said finé to be imprisoned in the County Jail of the City and County of San Francisco, State of California, for the period of twenty (20) days, as appears by the following full, true, and correct copy of the judgment rendered by said Court, and entered in the minutes and docket of said Court in the above entitled criminal action:

“ ' Minute docket in the Police Judge’s Court of the City and County of San Francisco, State of California: State of California, City and County of San Francisco, Court-room of said Court, Saturday, March 30th, 1872. In open Court. Present, presiding, Hon. Davis Louderback, Police Judge. The People of the State of California v. Patrick Murray, convicted of misdemeanor. In this action the defendant personally appears for sentence. The Court renders its judgment: That whereas the sai'd Patrick Murray, having been duly convicted in this Court of the crime of misdemeanor, it is ordered and adjudged, as punishment therefor, that the said Patrick Murray pay a fine of forty ($40) dollars, and in default of payment thereof, that said Patrick Murray be imprisoned in the County Jail of this city and county, for the period of twenty (20) days.’

“And whereas said fine has not been paid, these presents are therefore, in the name of the people of the State of California, to command you, the Sheriff of the City and County of San Francisco, forthwith to take, arrest, and safely keep and imprison the said Patrick Murray in the County Jail of the said City and County of San Francisco, State of California, for the period of twenty (20) days, or until said fine be

Ex Parte Murray

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