From Casetext: Smarter Legal Research

Ex parte Miller

Supreme Court of California
May 6, 1891
89 Cal. 41 (Cal. 1891)

Opinion

         Application to the Supreme Court for a writ of habeas corpus.

         COUNSEL

          J. A. Spinnetti, for Petitioner.


         JUDGES: In Bank.

         OPINION

         THE COURT           [26 P. 621] The petitioner sets forth "that he is held under a warrant of arrest issued by the police court of the city and county of San Francisco, upon a complaint charging him with uttering, etc., profane and obscene language, and words and language having a tendency to create a breach of the peace, in violation of section 28, order 1587, of the board of supervisors of said city and county of San Francisco," and alleges as a reason for the issuance of the writ, "that said ordinance is null and void, as the penalty imposed for its violation by section 1 thereof is a fine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both, which is unreasonable, and renders the ordinance void."

         We can conceive of many cases in which a fine of one thousand dollars and an imprisonment for the term of six months would not be an unreasonable punishment for the uttering of profane and obscene language in the presence of other persons. Whether the offense in any particular case is sufficient to justify such punishment must be determined by the court before whom the offense is tried.

         The application for the writ is denied.


Summaries of

Ex parte Miller

Supreme Court of California
May 6, 1891
89 Cal. 41 (Cal. 1891)
Case details for

Ex parte Miller

Case Details

Full title:Ex parte FRANK MILLER, on Habeas Corpus

Court:Supreme Court of California

Date published: May 6, 1891

Citations

89 Cal. 41 (Cal. 1891)
26 P. 620

Citing Cases

In re Bartges

Thus, if a sentence is within the power of the trial court and the judgment is regular on its face, the fact…

Ex parte Haskell

An ordinance is not void by reason of the punishment imposed, if a case can be conceived where the punishment…