63 Cal. 491 | Cal. | 1883
Lead Opinion
From the return to the writ in this case, it appears that the prisoner was arrested, tried, and convicted in the Police Court of the city of Sacramento for the offense of “ attempted extortion.” Section 524 of the Penal Code declares that “ every person who unsuccessfully attempts, by means of any verbal threat, such as is specified in section 519, to extort money or other property from another, is guilty of a misdemeanor.” The offense with which the defendant in the case was charged was therefore one known to the law; it was a misdemeanor; and the court, having acquired jurisdiction of the person of the defendant, had jurisdiction of the case. So that the only question with which we have to deal is, whether, in the proceeding which resulted in the conviction and sentence of the defendant, the court kept within its jurisdiction.
Substantially the forms of law were complied with. The record shows that the defendant was projierly charged with the commission of a public offense, that upon conviction the court, pursuant to section 1449 of the Penal Code, fixed February 6, 1883, as the time for pronouncing judgment, that on that day the defendant, being present with his attorney, moved in arrest of judgment and for a new trial, both of which were denied, and that the court “sentenced him to imprisonment for six months in the county jail,”
The sentence was immediately entered in the minute or memo
Writ dismissed and prisoner remanded.
Thornton, J., and Myrick, J., concurred.
Concurrence Opinion
I concur in the judgment. The entry made in the minutes of the Police Court on the 6th of February showed the offense of which the petitioner was convicted and the sentence of the court; and that was sufficient to constitute a valid judgment.