Brown

This is an appeal from an order of the lower court denying defendant’s motion to recall and quash the execution issued upon a judgment pronounced upon the verdict of the jury finding the defendant guilty of an assault with a deadly weapon, said execution having been issued with the intention of collecting the .sum of seven hundred and fifty dollars, a fine imposed by the court as part of its judgment. Said judgment was to the effect that the defendant be punished by imprisonment in the county jail of the count/ of Fresno, state of California, for a period of one year, and that he pay a fine of seven hundred and fifty dollars, and in default of the payment of the fine that he be imprisoned in the said jail until said fine was paid, at the rate of one day for each two dollars of the fine.

That portion of this judgment which provides that in default of the payment of the fine the defendant should be imprisoned until the fine be paid, at the rate of one day for each two dollars of the fine, is void. This court has repeatedly held that, where a judgment of imprisonment has been rendered, and also a judgment of fine, there can be no imprisonment to satisfy the fine. (Ex parte…