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Whitney v. Superior Court of Alameda County

187 P. 12, 182 Cal. 114, 1920 Cal. LEXIS 494
CourtCalifornia Supreme Court
DecidedJanuary 26, 1920
DocketS. F. No. 9356.
StatusPublished
Cited by16 cases

This text of 187 P. 12 (Whitney v. Superior Court of Alameda County) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whitney v. Superior Court of Alameda County, 187 P. 12, 182 Cal. 114, 1920 Cal. LEXIS 494 (Cal. 1920).

Opinion

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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Bluebook (online)
187 P. 12, 182 Cal. 114, 1920 Cal. LEXIS 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitney-v-superior-court-of-alameda-county-cal-1920.