¶1speaking for the Court, said: The language of the statute is that the credits allowed for the good behavior of a convict, shall be deducted from “the entire term of penal servitude to which he has been sentenced.” The prisoner in this case has been convicted of two offenses, for each of which he has been sentenced to suffer imprisonment in the State Prison for ten years, making twenty years in all as the “entire term” to which he has been sentenced. The Court is of opinion that in such a case “the entire term of penal servitude,” within the intent of the statute, is twenty years. Each period of ten years is but a part of the entire term, and the second follows the first without any hiatus. Whatever deduction is to be made for good behavior, is not to be taken from the beginning or the middle, but from the end of the entire term. We think the prisoner must be remanded, and it is so ordered.
49 Cal. 463
Ex Parte Dalton
Decided July 1, 1875
California Supreme Court · decided 1875-07-01
Application to be discharged upon habeas corpus from imprisonment in the State Prison.
Good law ✅— No negative treatment on recordhow we know
Decided 1875-07-01
How this case has been cited
Cited by 5 later decisions — most recently May 2005
4 state decisions
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.
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