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96 Cal. 362

Ex parte Noble

California Supreme Court

Decided October 6, 1892

California Supreme Court · decided 1892-10-06

Application to the Supreme Court for a discharge from imprisonment upon a writ of habeas corpus. The facts are stated in the opinion of the court.

Good law ✅— No negative treatment on recordhow we know

Decided 1892-10-06

How this case has been cited

Cited by 6 later decisions — most recently April 1941

6 state decisions

20189219001910192019301940decided

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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De Haven, J., concurring.

¶1—I concur in the judgment. Under section 1446 of the Penal Code, the justice of the peace, if he desired to enforce the collection of the fine imposed upon the petitioner by imprisonment, should have directed in his judgment that he be imprisoned in the county jail until the fine be satisfied in the proportion of one day’s imprisonment for every dollar of the fine,” instead of one day for “ every two dollars of the fine.” But this error of the justice in favor of the petitioner did not make the judgment which he gave wholly void.

¶2I concur in the opinion of Mr. Justice McFarland upon the other points therein discussed.

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