Matter of Application of Worthington

California Court of Appeal Mar 17, 1913 No. Crim. No. 284.Published

Before: THE COURT. —

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Holding. The court held that a complaint charging a violation of an act governing the use of automobiles on public highways is insufficient if it fails to allege that the defendant operated the vehicle on a public highway.

Issues

Whether a complaint charging a violation of an act governing automobile use on public highways must allege the vehicle was operated on a public highway to state a public offense.

Disposition. Petitioner discharged; bail money returned.

Quotations verified verbatim against the opinion

“the complaint failed to state any public offense, and for that reason it is ordered that petitioner be discharged, and that the money deposited in lieu of bail be returned.”

It appearing to the court that the act which petitioner is charged with having violated is one entitled, an act governing the use of automobiles upon public highways, and it not being averred in the complaint that the defendant used or operated his automobile upon a public highway, the complaint failed to state any public offense, and for that reason it is ordered that petitioner be discharged, and that the money deposited in lieu of bail be returned. *Page 498

Matter of Application of Worthington

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