Gray v. Justice's Court

PLUMMER, J.

On the 6th day of November, 1936, a complaint was filed in the above-mentioned justice’s court, charging the petitioner with the unlawful practice of the law. The complaint is in two counts, as follows, to wit:

“COUNT #1.

“That said John Gray, on or about the 26th day of August, 1936, in the Williams Judicial Township, County of Colusa, State of California, who, not being an active member of the State Bar of California, and in violation of Sections 47 and 49 of the State Bar Act of the State of California, (Stats. 1927, p. 38), did wilfully and unlawfully engage in the practice of law as follows, to-wit: Said John Gray did render and perform legal services in a court of justice, in a matter pending therein, throughout its various stages, and in conformity with adopted rules of procedure, in this; Said John Gray filed and signed pleadings in that certain action entitled: ‘People of the State of California vs. C. I. Graham ’, heard before Hon. George B. Reciters, justice of the peace of Williams Judicial Township, County of Colusa, State of California, on the day above named; that said John Gray directed that his name be entered as an attorney of record in said action; that said John Gray appeared at the trial of said cause, examined and cross-examined witnesses; that said John Gray argued said cause to the jury; that said John Gray otherwise actively participated in the conduct of said trial, its preparation, the hearing, and proceedings after trial; and otherwise acting for and on behalf of the defendant in said above-mentioned action, all of which is contrary to the statutes in such cases made and provided, and against the peace and dignity of the People of the State of California.

“COUNT #2.

“That said John Gray, on or about the 28th day of October, 1936, in the Williams Judicial Township, County of

[422]

Colusa, State of California, who, not being an active member of the State Bar of California as defined in the State Bar Act, and in violation of Sections 47 and 49 of the State Bar Act of California (Stats. 1927, p. 38), did wilfully and unlawfully engage in the practice of law as follows, to-wit: Said John Gray did render and perform legal services' in a court of justice, in a matter pending therein, throughout its various stages, and in conformity with adopted rules of procedure in this: Said John Gray submitted and proposed instructions to the jury in that certain action entitled, ‘People of the State of California vs. C. I. Graham’, heard before Hon. George B. Beckers, justice of the peace of the Williams Judicial Township, County of Colusa, State of California, on the day above named; that said John Gray directed that his name be entered as attorney of record in said action; that said John Gray appeared at the trial of the case, examined and cross-examined witnesses; that said John Gray argued said cause to the jury; that said John Gray otherwise actively participated in the conduct of the trial; and otherwise acted for ánd on behalf of the defendant in said above mentioned action; all of which is contrary to the statutes in such cases made and provided, and against the peace and dignity of the People of the State of California.”