In Re Leach and Huggins

YORK, J.

This is an application for a writ of

habeas corpus

on behalf of petitioners Henry Leach and Forrest Hug

[646]

gins, who were charged by information filed by the district attorney, and were convicted thereon in the Superior Court of the state of California in and for the county of Los Angeles, juvenile department, and sentenced to imprisonment for the offense of contributing to delinquency, a misdemeanor. The charge was of the character defined under the Juvenile Court Law, section 21. (Stats. 1915, p. 1247.)

In this proceeding, apparently both the petitioners and the parties appearing in opposition to the petition desire the court to pass upon the question as to whether or not the constitutional amendment, section 5, article VI (Stats. 1927, p. 2390), and Sections 11 and 13 of article VI of the Constitution, and the Municipal Court Act of 1925 (Stats. 1925, p. 648), have entirely taken from the jurisdiction of the superior court and placed in the municipal court the sole right and .exclusive jurisdiction to hear informations charging offenses under the Juvenile Court Act, and particularly as to the offense of contributing to delinquency, a misdemeanor.

It is stated, however, by the parties appearing as respondents to the writ of

habeas

corpus, and is not denied by the petitioners, that the offense charged was not committed in the city of Los Angeles, but committed outside the said city, in the county. In fact, the petition does not allege that this act was committed in the city of Los Angeles, or that it was charged that the act was committed within the city of Los Angeles. Therefore, the matter will be determined upon the hypothesis that the "offense charged in the information was charged as having taken place outside of the city of Los Angeles and in the county of Los Angeles.

The Constitution (art. VI, sec. 11, as amended November 4, 1924), provides that “Municipal courts shall have original jurisdiction, except as hereinafter provided, ... in all criminal cases amounting to misdemeanor punishable by fine and imprisonment in the city or city and county or county jail, or punishable by fine or such imprisonment. . . . The legislature shall provide by general law for the constitution, regulation, government and procedure of municipal courts, and for the jurisdiction thereof, except in the particulars otherwise specified in this section. ...” The Constitution further provides (art. VI, sec. 13, as amended in November, 1928): “Notwithstanding any provision contained in this