McGinis v. Justice's Court

THE COURT.

Petitioners have asked for a writ of prohibition to prevent the carrying into effect of certain judgments entered in the justice’s court of Calexico township, which judgments were afterwards modified on appeal by the

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superior court of Imperial County; and from “ordering the confiscation” of the drugs referred to in the petition. Defendants were charged with having in their possession certain preparations of opium, morphine, and cocaine, contrary to the provisions of an act of the legislature which restricts the sale and keeping of certain drugs and poisons. (Stats. 1907, p. 124, as amended, Stats. 1913, p. 694, and Stats. 1913, p. 697.) The act, in addition to prescribing punishment by fine or imprisonment or both, provides for the confiscation of any drugs taken from the possession or control of the accused and which are being used or kept in violation of the provisions of the statute. Upon being convicted in the justice’s court, defendants took their appeals to the superior court, which appeals were by the latter court heard and determined and the judgments, which provided for imprisonment and fine, were modified and affirmed. From other facts presented by the petition (which includes as part thereof the statements on appeal) it appears that the shipment of cocaine, morphine, and opium was made at St. Louis, Mo., through- the medium of an express company, consigned to McGinis and Young, petitioners, the destination as given on the bill of lading being Mexicali, Mexico. The express company conveyed the drugs to its Calexico office, Calexico being immediately across the line on the United States side from Mexicali. By reference to the transcript of the testimony heard at the trial, it is made to appear .that one of the petitioners paid the charges on the drugs at Calexico, and that the duty of the express company as to transportation of the same was there ended. The agent of the express company testified that the drugs could have been taken away by the petitioners at any time after the charges were paid. There was testimony further that petitioners employed a customs broker to transport the drugs across the line into Mexico, to themselves, and turned the box over to him at the express office, which place was also the office of the broker; but that before anything further had been done the arrest of petitioners and the seizure of the drugs took place. There was other evidence touching the circumstances relative to the business of petitioners and their residence in close proximity to the boundary line between the two countries. The claim of petitioners, as urged in defense of the charge and as now presented as ground for the issuance of the writ sought,