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People v. Riley

THE PEOPLE v. JAMES RILEY

People v. Riley, 48 Cal. 549 (1874)
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Court
California Supreme Court · State Highest Courts
Decided
July 1, 1874
Docket
No. 10,093
Judges
Wallace
Citations
48 Cal. 5491874 Cal. LEXIS 192
Cited by 8
Syllabus
Sentence to Impbisonment.—The Court must not sentence a prisoner convicted of a criminal offense to imprisonment for a term longer than that fixed in the Statute for the punishment of the crime of which he stands convicted. Idem.—If the Court imposes a longer term of imprisonment than that fixed by the Statute for the offense, the Supreme Court, on appeal, will reverse the judgment, and direct the Court below to proceed to judgment on the verdict.
Summary
Appeal from the County Court, County of San Joaquin. The facts are stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wallace

Text extracted by OCR from a scanned original; check the original for exact wording.

By the Court, Wallace, C. J.:

The defendant was indicted and found guilty of the crime of house-breaking in the day time, which is an offense punishable by imprisonment in the State prison for a term not exceeding five years. (Penal Code, section 462.)

Upon the coming in of the verdict the Court adjudged the defendant to suffer imprisonment in the State prison for the term of ten years.

The judgment is therefore reversed, and the cause remanded with directions to the Court below to proceed to judgment on the verdict.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1881–1882: 11891–1892: 11895–1896: 11903–1904: 11907–1908: 11933–1934: 21969–1970: 118812026peak 1933 · 2

Relies on it most ⓘ

  1. Ex parte Bernert62 Cal. 524 (1881)
  2. People v. Oliver95 P. 172 (Cal. Ct. App. 1908)
  3. In re Reed77 P. 660 (Cal. 1904)
  4. Roberts v. State30 Fla. 82 (1892)
  5. Territory of New Mexico v. Griego8 N.M. 133 (1895) · Dissent
  6. In re Hayes451 P.2d 430 (Cal. 1969)

Most recent

  1. In re Hayes451 P.2d 430 (Cal. 1969)
  2. People v. Méndez44 P.R. 582 (1933)
  3. Pueblo v. Méndez44 P.R. Dec. 604 (1933)
  4. People v. Oliver95 P. 172 (Cal. Ct. App. 1908)
  5. In re Reed77 P. 660 (Cal. 1904)
  6. Territory of New Mexico v. Griego8 N.M. 133 (1895) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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