In Re Tung Fong
Opinion
Lead Opinion
Finch, J.
June 5, 1922, in the police court of the city of Sacramento, in ease No. 1227, the petitioner was adjudged guilty of having had a preparation of morphine in his possession on the first day of June, 1922, contrary to the provisions of the act of 1907, and amendments thereto, regulating the sale and use of poisons. (Stats. 1907, p. 124.) Thereafter on the same day, in case No. 1228, he was adjudged guilty of having had a preparation of cocaine in his possession on the first day of June, 1922, contrary to the provisions of the act. After both convictions he was sentenced under the first charge to pay a fine of one hundred dollars and to be imprisoned in the county jail for the term of ninety days and under the second charge he was sentenced to imprisonment in the county jail for ninety days. The judgment in the latter case provided: “The term of imprisonment herein to commence at the expiration of the term of imprisonment imposed upon said defendant in the ease of People v. Tong Fong, No. 1227.” The court minutes of June 5th did not recite that the judgment of guilty in case No. 1228 was rendered prior to the time sentence was pronounced in case No. 1227, and October 4, 1922, on…