In Re Chase

By complaint filed in the municipal court of the city of Long Beach it was charged that on the twenty-ninth day of November, 1930, in the city of Long Beach, county of Los Angeles, state of California, a misdemeanor was committed by Clarence R. Chase, Clifford Casey and other persons named, who “then and there wilfully and unlawfully, by invitation and/or device, did prevail upon persons to visit a place kept for the purpose of gambling, to-wit, the ‘Johanna Smith’, a ship anchored off the coast of the city of Long Beach, in violation of section 318 of the Penal Code of the State of California”. In due course of procedure, Chase and Casey were convicted. Each of the defendants was fined in the sum of $100, with an alternative of imprisonment. At the time of filing their application for writ of habeas corpus in this court, and until their release upon bail pending this proceeding, petitioners were imprisoned for nonpayment of said fine.

It is contended by petitioners that the commitment, under which they are held in custody, is void by reason of the fact that the municipal court was without jurisdiction to try them under said complaint or to render any judgment of conviction…