People v. Zadro

California Court of Appeal Apr 12, 1937 No. Crim. 1552Published

Before: Plummer

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Holding. The court held that a prior dismissal by a justice's court does not bar a subsequent prosecution in superior court when the justice's court lacked jurisdiction, and that Penal Code section 172 was not repealed by the Alcoholic Beverage Control Act.

Issues

Whether a dismissal by a justice's court constitutes a bar to further prosecution under Penal Code section 1387.
Whether Penal Code section 172 was repealed by the Alcoholic Beverage Control Act of 1935.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It is clear that the Justice’s Court of Napa Township had no jurisdiction to try the appellant for the offenses charged, but only to conduct, if at all, a preliminary examination.”

“That section 172, supra, was not repealed by the Alcoholic Beverage Control Act has been twice decided”

PLUMMER, J.

The appellant was convicted in the Superior Court of Napa County upon seven of thirteen counts

[321]

in an indictment charging violations of section 172 of the Penal Code, which makes it a crime to sell or expose for sale alcoholic liquors within one and one-half miles of the Veterans’ Home at Yountville, in said county. From the order denying his motion for a new trial, and the judgment entered upon the verdict of the jury, the defendant appeals.

Two grounds are alleged for reversal: 1st. That a justice of the peace of Napa township dismissed a complaint filed therein, charging the defendant with the commission of a crime under section 172,

supra,

being the same offense charged in the indictment upon which the defendant was tried and convicted; 2d. That section 172,

supra,

was repealed by the Alcoholic Beverage Control Act., Statutes of 1935, page 1123, section 69.

Under the provisions of section 81 of the Code of Civil Procedure a reference to the last federal census shows the population of Napa township to be 14,056. The same section classifies justices’ courts into “Class A” and “Class B”, class A being justices’ courts in townships or cities having a population of not less than 30,000. All justices’ courts and townships having a population of less than 30,000 are designated as belonging to class B.

By section 1425 of the Penal Code the jurisdiction of class B justices’ courts is confined to misdemeanors punishable by a fine not exceeding $1,000, or imprisonment not exceeding six months, or by both such fine and imprisonment.

Section 172,

supra,

fixes only the minimum punishment for violation of the provisions therein contained, which takes this cause out of the jurisdiction of class B justices’ courts.

By the provisions of section 5 of article VI of the Constitution, the superior court is given original jurisdiction in all cases of misdemeanors not otherwise provided for. Not being otherwise provided for, the offenses charged against the defendant in this cause were triable in the superior court.

People v. Zadro

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PLUMMER, J.

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