Public-domain · open source
OpenJurist

140 Cal. App. 102

In re Taylor

California Court of Appeal

Decided July 23, 1934

California Court of Appeal · decided 1934-07-23

Key passage — most relied on by later courts

“but the instruction to the sheriff to free the prisoner several days of each week was an attempt to grant periods of suspension from the sentence imposed and is void.”

quoted by 1 later decision, including 9 Conn. Super. Ct. 460 - Epps v. Slavin

“to be served from 7:00 p.m. of Monday to 6:00 p.m. of Wednesday.”

quoted by 1 later decision, including 9 Conn. Super. Ct. 460 - Epps v. Slavin

Relies on 72 Cal. App. 374 - In Re Howard

Good law ✅— No negative treatment on recordhow we know

Decided 1934-07-23

How this case has been cited

Cited by 19 later decisions — most recently December 1974

3 federal appellate · 16 state decisions

7019341940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

STEPHENS, P. J.

¶1A petition on behalf of Claude Taylor for a writ of habeas corpus was allowed and wre are here considering the matter after return and submission.

¶2Taylor was convicted of an offense, probation was denied and he was sentenced to the “County jail . . . for the term of ninety days, to be served from 7.00 p. m. of Monday to 6.00 p. m. of Wednesday”. (Quotation from judgment.) The ninety days have not run and it is claimed that Taylor is imprisoned under a void sentence. We think not. By the provisions of section 1203 of the Penal Code suspension of sentence is limited to probation and probation in this case was specifically denied. The sentence to the county jail for ninety days is valid but the instruction to the sheriff to free the prisoner several days of each week *103was an attempt to grant periods of suspension from the sentence imposed and is void. (See In re Howard, 72 Cal. App. 374 [237 Pac. 406], for discussion of principles involved and citation of cases.)

¶3The writ is discharged and the prisoner is remanded.

¶4Craig, J., and Desmond, J., concurred.

/140/calapp/102 · .json · Public domain