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10 Utah 47

In re Lewis

Utah Supreme Court

Decided April 15, 1893

Utah Supreme Court · decided 1893-04-15

Original application of Ed. Lewis for a writ of habeas corpus. Held: in construing a statute similar to that of ours, that a provision similar to section 5344, did not apply to cases in which the sentence includes both imprisonment and fine, but is limited. to cases in which a fine alone is imposed.

Decided 1893-04-15

Zahe, C. J.

¶1(orally):

¶2The court is of the opinion the justice of the peace having reached the limit of his jurisdiction in adjudging that the defendant be imprisoned in the county jail for a period of six months, had no valid authority to adjudge *54that the defendant be further imprisoned in default of payment of the fine imposed and to that extent the judgment is void. It appears that the petitioner has already been imprisoned for a period of more than six months, and is consequently entitled to be discharged.

¶3The writ is allowed and the petitioner discharged.

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