Ex parte Toland
Opinion
lead Opinion
Morrison, J.
The petitioner, James Toland, was tried in the City Criminal Court within and for the City and County of San Francisco, on the charge of “ battery,” and was duly convicted on the 24th of July, 1879. On such conviction, and as a punishment for said offense, the City Criminal Court imposed a fine of $150, and in *345 case said fine was not paid, ordered said Poland to be imprisoned in the county jail for the period of seventy-five days. From this judgment an appeal was taken to the late County Court of said city and county, and there the case was pending, undetermined and undecided, on the 1st day of January, 1880.
On the 3rd day of February, 1880, by an order of the Presiding Judge of the Superior Court of said city and county, the appeal was assigned to Department No. 11 of said Superior Court, presided over by the Honorable P. W. Freelon, and on the 9th day of that month the judgment of the City Criminal Court was affirmed by the Superior Court.
On the 26th day of February, a bench-warrant was duly issued out of said Superior Court, and thereupon petitioner was arrested, and is now in the custody of the Sheriff of said city and county.