Muller v. Justice's Court

WOOD (Fred B.), J.

Question:

When a verified complaint charging a violation of section 499 of the Penal Code is presented to the judge of a justice’s court, must the judge before filing the complaint and issuing process thereon examine the case, take evidence and determine therefrom that there is reasonable and probable cause to believe that the offense charged has been committed and that the defendant committed it?

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The answer is “No,” demonstrated by the provisions of certain sections of the Penal Code.

Section 499 expressly declares that violation of its provisions is a “misdemeanor.” Justice’s courts have jurisdic

[698]

tion in “criminal cases amounting to misdemeanor only” (§ 1425). “Inferior courts” include justice’s courts (§ 691). “Except as otherwise provided by law,[

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] all public offenses triable in the inferior courts must be prosecuted by written complaint under oath and subscribed by the complainant. Such complaint may be verified on information and belief” (§740).

“When a complaint is presented to a judge of an inferior court [in this ease, the judge of the justice’s court] of the commission of a public offense appearing to be triable in his court, he must, if satisfied therefrom that the offense complained of has been committed and that there is reasonable ground to believe that the defendant has committed it, issue a warrant, for the arrest of the defendant” (§1427). All that is here

required

is that the judge have before him a verified complaint, that he examine it and be satisfied “

there

from” that the alleged offense has been committed and that there is reasonable ground to believe that the defendant committed it; no requirement that the judge take or receive additional evidence with or without the defendant present and confronting witnesses and adducing evidence in his own behalf.

The next step is the arraignment of the defendant (§§ 976, 988-990), who may demur prior to entry of plea (§ 1004). If his demurrer is overruled he may plead (§ 1007) in person or by counsel (§ 1429). If he pleads “not guilty” the case is at issue and proceeds to trial.