People v. McGuire
Before: Sanderson
Synopsis
Creating New County.—When a law is passed providing for the creation of a new county out of parts of counties already existing, which Act provides for the future election of county officers, and fixes a time after their election when they shall enter upon the discharge of tlieir duties, the territory described does not become a county until its organization is perfected by the election of its officers.
Idem.—To constitute a county something more is required than a law defining its boundaries. A local government must be provided.
Jurisdiction op County Courts to find Indictments.—If a new county is created out of a part of the territory of an old one, with its organization to be effected at a future time, the County Court of the old county has jurisdiction to find indictments for crimes committed in the territory of the new county, between the time of the passage of the law and the organization of the new county.
Jurisdiction of District Courts as to Trials for Crimes.—If the Act creating a new county out of a part of the territory of an old one, transfers the new county to a different judicial district from the old one, the District Court of the new county has jurisdiction to try all indictments for murder found in the County Court of the old county, but committed in the new county after the passage of the Act, provided the trial is not had until the new county is organized.
By the Court, Sanderson, J.: The defendant was indicted in the County Court of the County of Tulare for the crime of murder. He was tried and convicted of the crime of murder in the first degree in the [141]District Court of the Thirteenth Judicial District, sitting in and for the County of Tulare.
After verdict he moved in arrest of judgment upon the grounds: First, That the County Court of the County of Tulare had no jurisdiction of the alleged offense for the purposes of indictment; and Second, That the District Court of the Thirteenth Judicial District, sitting for the County of Tulare, had no jurisdiction of the indictment for the purposes of the trial.
This motion was denied.
The defendant then moved for a new trial upon the ground that certain errors of law were committed during the progress of the trial.
This motion was also denied.
We shall find occasion to review the former motion only. The grounds of the motion in arrest of judgment are substantially as follows: On the 2d day of April, 1866, the Legislature passed “ An Act to create the County of Kern, to define its boundai'ies and to provide for its organization.” (Statutes 1866, p. 796.) This Act contains no provision as to the time when it shall take effect, and therefore, under the general statute in relation to that subject, it took effect sixty days after its passage, to wit, on the 1st day of June, 1866. It creates the County of Kern out of territory which belonged in part to the County of Tulare and in part to the County of Los Angeles. For the purpose of organizing the county, it directs that immediately after the Act shall be in force the Governor shall appoint some suitable person as County Judge (Sec. 7), and that the other county officers shall be elected at an election to be held on the second Thursday in July, 2866, which was the twelfth day of the month. (Sec. 4.) It creates a Board of Commissioners, who are empowered and required to establish precincts and appoint officers of election, and to canvass the election returns and declare the result, and to commission those who have been elected. (Secs. 5 and 6.) For the purpose of canvassing the returns the Board are required to convene on the tenth day after the election. (Sec. [1426]
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