In Re Jacinto
Before: Marks
MARKS, J.
In his petition for a writ of
habeas corpus
Louis Jacinto seeks to be released from restraint under a warrant of arrest issued by the justice of the peace of Hanford Township on an offense alleged to have been committed in
[276]
Lemoore Township in Kings County. The justice’s courts of both townships are Class B.
The purpose of a- writ of
habeas corpus
is to test the validity of the process upon which a person is restrained and the jurisdiction of the court issuing such process.
(Ex parte Long,
114 Cal. 159 [45 Pac. 1057].)
Section 1425 of the Penal Code as now in effect confines the jurisdiction of Class B “Justice’s Courts in criminal causes to the township wherein the offense was committed.”
(Antilla
v.
Justice’s Court,
209 Cal. 621 [290 Pac. 43]. See, also,
In re Cohen,
107 Cal. App. 288 [290 Pac. 512];
In re Bridwell,
112 Cal. App. 19 [296 Pac. 312];
In re Giruado,
114 Cal. App. 348 [299 Pac. 740];
In re Wyatt,
114 Cal. App. 557 [300 Pac. 132]
; Fueller
v.
Justice’s Court,
134 Cal. App. 305 [25 Pac. (2d) 248].) It follows that as the justice ’s court of Hanford Township was a Class B justice’s court and the crime had been committed in another township, the justice’s court of Hanford Township had no jurisdiction and petitioner should be discharged.
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