The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-12-03

IN THE sUPREMEc COURT <
THE STATE OF NEVADA.
In the matter of the Appica, ;
r. w. Patterson for a writ of hauee
Corpus.
W. B. Moore, Atty. for Appellant
e. P. Moran, Atty. for Resp.
Petitioner was imprisoned in the
Jail of Washoe County under war
rant of commitment made by the JUS
tice of the peace of Sparks Township
in said county. The commitment
was in the following form:
State of Nevada.
Plaintiff .
r.. W. Patterson.
Defendant.
complaint under oath having !
been filed in this court on the 3Oth |
day of April, 1906. charging aid de- |
PENDANT, R. w. Patterson, of certain !
public offense, to wit:
misdemeanOr, committed on the
Goth day of April, 1906. and a warrant
of arrest having been duly issued en-
the said 30th day of April, 1906. for
the arrest of said defendant; and said
defendant having been duly arrested
thorn0ffnr on tho Of
May, 1906, tried before the Court with
ury so found guilty as charged in
\ the complaint, and all and singular
the law and the premises by the court
here understood and fully considered,
and no sufficient cause appearing why
judgment should not be pronounced
against said defendant
WHEREFORE, it is ordered and
adjudged by the Court that for sad
q offence you. the said K. W. Patter-
SON be fined the sum of Five Hun
dred Dollars, and imprisoned in the
County Jail cf said County Of
WashCe. for the term of One Hun
dred and Eighty days in addition t.
said fine, from date hereof
Dated in open Court he Sd day a
4 May, 1906
tSigned) James Pollock.
! Justice of the Peace
I Petitioner had with credits. ETC.
4 served the full term Of the One Hun
4 dred and Eighty days stated in the
commitment: but had not paid the
4 fine of Five Hundred Dollars therein
4 stated
Two questions We're argued i;y
counsel in the case:
l. Does the warrant of commitment
. above stated impose uDGn the
petitioner fine of i've hundr ed
dollars: and also give him the privi-
leee of paying the said fine al the
rate of one day for each TWO dollars
= thereof: and
4 ,. Does the statute warrant the
Justice in imposing such sentence. to
wit, absolute imprisonment for the
full term of one hundred and eighty
3 days: and in addition therto imprs
i olment Tor TWO hundred and fly
Z days, conditioned nron his failure t,
pay the fine of five hundred dol
lars
Under the view that we take "
the case the second question need no,
be determined.
The sentence in the warrant o.
commitment is plainly:
% An absolute fine for i've hun
dred dollars. without order of com
mitment to prison until said fine be
n paid az rate of two dollars. ETC.: and
& (2) An absolute imprisonment for
4 one hundred and eighty days
There being no alternative in the
4 first part of the sentence OF discharg
9 ing the fine Of five hundred dolla r.
4 by serving enc day. imprisonment fOl
Z each two dollars tnCrecf. such rar1
8 Of the sentence having as above seen
4 been obii1erated, such fine is abso
q lutte and the petitioner could not be
! imprisoned at ali under said first
D part: and the petitioner having with
n credits, etc served the full term q
& one hundred and eighty days imposet
4 upon him under the second part o
Z said sentence. he was, Of course, Ell
titled to his discharge.
i It appearing that the Respondent
Il herein. c. P. Terrell. Sheriff II
J Washoe County. has 10 legal warra ri
I for longer holding the petitioner n
a custody.