Whitney v. Superior Court of Alameda County
Before: THE COURT.
Synopsis
APPLICATION for Writ of Prohibition to prevent the Superior Court from trying the petitioner for a public offense.
The facts are stated in the opinion of the court.
THE COURT.
This is an application for a writ of prohibition.
[1]
We see no merit in the claim that the act under which petitioner is being prosecuted is invalid as being in violation of provisions of our federal and state constitutions.
No other point made goes to the jurisdiction of the superior court, and consequently prohibition is not available to
[115]
petitioner.
[2]
The remedy where an information is filed in the superior court without a previous commitment by a magistrate is by motion to set aside the information on that ground (Pen. Code, sec. 995 et scq.), with a right to review of the action of the trial court on an appeal from the judgment.
[3]
The objections to the sufficiency of the information to state a public offense fall within the rule announced in
In' re Ruef,
150 Cal. 665, [89 Pac. 605]. We express no opinion on the merits of the claims made 'by petitioner in regard to these matters.
The application for a writ of prohibition is denied.
Angellotti, C. J., Lawlor, J., Olney, J., Lennon, J., Shaw,. J., and Wilbur, J., concurred.
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