In Re Hartman

SHENK, J.

By complaint filed in the Justice’s Court of San Bernardino Township, County of San Bernardino, the petitioner was charged in count one with the violation of section 15 of the state Chiropractic Act, a misdemeanor, committed on January 8, 1936, in “San Bernardino Township, County of San Bernardino, State of California”. In count

[584]

two he was charged with the violation of section 17 of the State Medical Act, a misdemeanor, committed on January 8, 1936, “within the State of California”.

The petitioner was convicted on both counts, was sentenced to serve ninety days on the first count and one hundred eighty days on the second count, the sentences to run concurrently. He served the ninety-day sentence on count one in the county jail of San Bernardino County, and upon the expiration thereof filed this application for his release from custody on the ground that his further imprisonment under count two is illegal. His contention is that count two is insufficient upon which to base a conviction because it is not alleged therein where the alleged offense was committed except “within the State of California”. In other words, it is contended that the absence of an allegation that the crime was committed in San Bernardino township or in the county of San Bernardino rendered the count insufficient to warrant conviction and imprisonment.

The petition alleges that count two does not substantially conform to the requirements of sections 950, 951 and 952 of the Penal Code. Those sections have to do with the form of indictments and informations and, together with subdivision 4 of section 959 of the same code, provide that the pleading show the county in which the offense was committed. But those sections are not applicable to pleadings in justices ’ courts which are governed by section 1426 of the Penal Code, wherein it is provided that the complaint in a justice’s court shall set forth the offense charged “with such particulars of time, place, person, and property as to enable the defendant to understand distinctly the character of the offense complained of, and to answer the complaint. In charging an offense, each count. shall contain, and shall be sufficient if it contains in substance, a statement that the accused has committed some public offense therein specified.”