In Re Johnson

On the thirty-first day of January, 1935, a complaint was sworn to before LeRoy E. Bailey, a justice of the peace of the third township of the county of Madera, charging Tomlinson I. Moseley with the crime of speeding, alleged to have been committed as follows: That the said Moseley, on or about the twenty-seventh day of January, 1935, at and in the county of Madera, state of California, did wilfully and unlawfully drive a motor vehicle upon the California state highway, at a rate of speed of approximately 70 miles per hour, whereas the lawful rate of speed at such place and time was 45 miles per hour. Upon his arraignment Moseley entered a plea of guilty and was sentenced to five days in the county jail. The cause is now before us upon a petition for a writ of habeas corpus, alleging, among other things, that the complaint does not state any offense or cause of action, and that the justice’s court had no jurisdiction. Notwithstanding that the respective counsel have given a great deal of attention to the subject of the jurisdiction of the justice’s court, by reason of the views hereinafter expressed, we do not need to give that objection to the proceedings further…