Nop

I dissent. The conclusion reached and declared by the prevailing opinion is that a person found guilty of violating section 636 of the Penal Code may be punished by a fine to any amount and by imprisonment for the term of his natural life. It is not questioned but that the legislature may impose so grievous a penalty for so slight an offense if it sees fit to do so, but in this day of humane penal laws a court should adopt such a construction only when clearly compelled to do so. It is pointed out that throughout the Penal Code many instances are to be found where the minimum penalty only is fixed, and that such legislation is good. Unquestionably, it is good. It is aided in the case of felonies by the provisions of section 671 of the same code, wherein it is prescribed: “Whenever any person is declared punishable for a crime by imprisonment in the state prison for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorized to pronounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years not less than, that…

Defendant was charged hy information under section 636 of the Penal Code with a violation of the fish laws. The superior court decided it had not jurisdiction to try the offense charged, and the people have appealed from that decision.

Th’e punishment provided hy the Penal Code for all parties convicted of a violation of the provisions of said section 636 determines the jurisdictional question here involved. If the.punishment to he inflicted for a violation of the provisions of this section-may not exceed five hundred dollars’ fine, or six months’ imprisonment in the county jail, then the offense is an ordinary misdemeanor of which the superior court has no jurisdiction. But if the fine may he greater than five hundred dollars, or the. imprisonment may he for a longer term than six months, then the superior court, has jurisdiction to try the case. The aforesaid section 636 within itself declares that a defendant guilty of violating its provisions “is punishable hy a fine of not less than one hundred dollars, or by imprisonment in the county jail not less than fifty days, or hy both such fine and imprisonment.” By the penalty here provided it will he observed that the minimum…