Ex Parte Bulger (1882) · DecisionDepot

Ex Parte Bulger

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

California Supreme Court May 13, 1882 No. No. 10,755Published

Before: Morrison

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Holding. The court held that the petitioner must be discharged from custody because he had already served the maximum term of imprisonment allowed by law for the crime of battery.

Issues

Whether the petitioner's sentence of three years imprisonment for battery exceeded the statutory maximum penalty.

Disposition. Petitioner discharged.

Quotations verified verbatim against the opinion

“The petitioner has been imprisoned for the term of six months and should be discharged.”

Synopsis

Battery—Punishment—Habeas Corpus.—The defendant was convicted of the crime of battery and sentenced to three years imprisonment in the House of Correction.

Held : Battery is punishable by fine * * * or by imprisonment in the County Jail not exceeding six months or by both. The prisoner has been in prison for the term of six months.

Morrison, C. J.: On the second day of November, 1881, the petitioner, Edward Bulger was convicted in the Superior Court of the city and county of San Francisco of the crime of “ Battery,” was sentenced by the Court to three years imprisonment in the House of Correction, and now, after having been confined there for six months, applies to be discharged from further punishment under the judgment of the Superior Court. Section 243 of the Penal Code provides that “ battery is [439]punishable by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both.” The petitioner has been imprisoned for the term of six months and should be discharged.

It is so ordered.

Ex Parte Bulger

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