In Re Spagnoli

California Supreme Court Jan 25, 1923 No. Crim. No. 2543.Published

Before: THE COURT.

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Holding. The court held that the jurisdiction of an inferior court may be established by evidence outside of the official record. Consequently, the absence of an affirmative showing of the defendant's age in the record does not invalidate the commitment.

Issues

Whether the jurisdiction of an inferior court must appear affirmatively on the record.
Whether a commitment is invalid if the record fails to state the defendant is over eighteen years of age.

Disposition. Petition denied.

Quotations verified verbatim against the opinion

“In this state jurisdiction of an inferior court may be shown by evidence dehors the record.”

Petitioner applies for a writ of habeas corpus on behalf of Helen Von. The police court of San Francisco committed Helen Von to the California Industrial Farm for Women in Sonoma County. Petitioner claims that it nowhere appears upon the records of the police court that Helen Von was over the age of eighteen years and claims that in the absence of such affirmative showing she must be released notwithstanding the fact that she may be over eighteen years of age. [1] The point is not well taken. In this state jurisdiction of an inferior court may be shown by evidence dehors the record. (Jolley v.Foltz, 34 Cal. 321; Kane v. Desmond, 63 Cal. 464, 466; Ferguson v. Basin Consolidated Mines, 152 Cal. 712, 715 [93 P. 867]; Gardella v. County of Amador, 164 Cal. 555, 561 [129 P. 993].)

Petition denied.

Wilbur, C. J., Lawlor, J., Lennon, J., Waste, J., Seawell, J., Kerrigan, J., and Myers, J., concurred. *Page 354

In Re Spagnoli

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