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Ex Parte Bulger

Ex parte EDWARD BULGER

Ex Parte Bulger, 60 Cal. 438 (1882)
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Court
California Supreme Court · State Highest Courts
Decided
May 13, 1882
Docket
No. 10,755
Judges
Morrison
Citations
60 Cal. 4381882 Cal. LEXIS 489
Syllabus
Battery—Punishment—Habeas Corpus.—The defendant was convicted of the crime of battery and sentenced to three years imprisonment in the House of Correction. Held : Battery is punishable by fine * * * or by imprisonment in the County Jail not exceeding six months or by both. The prisoner has been in prison for the term of six months.
Summary
Application for discharge on writ of habeas corpus.

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

Opinion of the Court — Morrison

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

Morrison, C. J.:

On the second day of November, 1881, the petitioner, Edward Bulger was convicted in the Superior Court of the city and county of San Francisco of the crime of “ Battery,” was sentenced by the Court to three years imprisonment in the House of Correction, and now, after having been confined there for six months, applies to be discharged from further punishment under the judgment of the Superior Court. Section 243 of the Penal Code provides that “ battery is *439 punishable by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both.” The petitioner has been imprisoned for the term of six months and should be discharged.

It is so ordered.

How later courts describe this case

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

Cited by 12 cases

View all citing references →
1885–1886: 11891–1892: 11893–1894: 11905–1906: 31907–1908: 31913–1914: 11917–1918: 11927–1928: 118852026peak 1905 · 3

Relies on it most ⓘ

  1. Perry v. Pernet74 N.E. 609 (Ind. 1905)
  2. Ex parte Degener17 S.W. 1111 (Tex. App. 1891)
  3. In re Bouchard176 P. 692 (Cal. Ct. App. 1918)
  4. State v. District Court of the Third Judicial District89 P. 63 (Mont. 1907)
  5. Hunnicutt v. Frauhiger158 N.E. 572 (Ind. 1927)
  6. Ex Parte Ellerd158 S.W. 1145 (Tex. Crim. App. 1913) · Dissent

Most recent

  1. Hunnicutt v. Frauhiger158 N.E. 572 (Ind. 1927)
  2. In re Bouchard176 P. 692 (Cal. Ct. App. 1918)
  3. Ex Parte Ellerd158 S.W. 1145 (Tex. Crim. App. 1913) · Dissent
  4. State v. District Court of the Third Judicial District89 P. 63 (Mont. 1907)
  5. In re Narvaez89 P. 857 (Cal. Ct. App. 1907)
  6. State ex rel. Bone v. Barr133 Iowa 132 (1907)

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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