In re Giruado

California Court of Appeal May 25, 1931 No. Crim. No. 215Published

Before: Jennings

AI Brief

AI-generated · verify before citing

Holding. A judgment of conviction rendered by a justice's court for an offense committed outside of its territorial jurisdiction is void.

Issues

Whether a justice's court has jurisdiction to try an offense committed in a different township within the same county.

Disposition. Writ granted; petitioner discharged.

Quotations verified verbatim against the opinion

“Petitioner contends that the judgment of conviction is void by reason of want of jurisdiction. This contention is obviously correct and amply sustained by the authorities.”

“The writ is granted and petitioner is discharged from custody.”

JENNINGS, J. On the hearing of this matter it was stipulated by counsel that the petitioner was tried in the Justice’s Court of Calexico township for the commission of an offense in another township in Imperial County. Petitioner contends that the judgment of conviction is void by reason of want of jurisdiction. This contention is obviously correct and amply sustained by the authorities. (Antilla v. Justice's Court, 209 Cal. 621 [290 Pac. 43]; In re Bridwell, 112 Cal. App. 19 [296 Pac. 312]; In re Cohen, 107 Cal. App. 288 [290 Pac. 512].)

[349]The writ is granted and petitioner is discharged from custody.

Marks, Acting P. J., concurred.

Barnard, P. J., being absent, did not participate in this opinion.

In re Giruado

AI Brief

More from California Court of Appeal

Related research

AI Brief