Jim Pennywell v. Honorable J. L. McCarrey Jr.

This matter is before us on our order to show cause why a writ of prohibition and a writ of mandamus should not issue, and upon respondent’s return thereto.

The petitioner, Jim Pennywell, is presently in danger of being apprehended and imprisoned under a bench warrant authorized to be issued by the District Court for the District of Alaska, Third Division. Asserting that the named district court is without jurisdiction in the matter, Pennywell seeks in this proceeding to prohibit respondent, Honorable J. L. McCarrey, Jr., judge of that court, from the further exercise of jurisdiction therein. He also desires an order requiring respondent to vacate his order under which the bench warrant was issued.

The following facts, with indicated exceptions, are not in dispute: On February 1, 1956, Pennywell was arraigned in the magistrate’s court, city of Anchorage, on a charge of selling intoxicating liquor without first obtaining a liquor license. This was alleged to be a violation of City Ordinance No. 1031, § 401.3 of the Anchorage General Code. On February 3, 1956, cash bail in the sum of two hundred dollars was posted for Pennywell by W. N. Johnson. Petitioner was convicted of the…