Ex Parte Bargagliotti

The petition of W. F. Cowan, Esq., alleges that the prisoner is unlawfully restrained of his liberty by J. K. Smith, sheriff of Sonoma county. The principal point relied upon for the release of the prisoner is that the certified copy of the judgment of conviction and sentence, or the commitment, from which said sheriff derives his authority to hold said prisoner, does not “state or describe in what jail, or the jail of what county, said Victor Bargagliotti shall be imprisoned. ’ ’

Bargagliotti, it appears, was arrested on a warrant issued by the justice of the peace of Cloverdale township, in the county of Sonoma, upon a complaint charging him with the crime of assault upon his wife. Upon his arraignment before the justice, the prisoner entered a plea of guilty to the offense charged in the complaint, and thereafter said justice pronounced upon him the following judgment or sentence: “ ... It is therefore ordered and adjudged that you, the said Victor Bargagliotti, as a punishment for the offense committed, be confined in the county jail for the period of ninety days.” The title of the court is, as is usual in such documents, given in the certified copy of the judgment here, and…