In Re Stanton

On July 9, 1932, a criminal complaint was filed with the justice of the peace of Mecca Judicial Township in Riverside County, charging petitioner with the unlawful possession of intoxicating liquor. A warrant was issued for his arrest and he entered a plea of not guilty to the charge and the case was set for trial by Justice of the Peace Max M. Zimmerer of Mecca Township. At the time set for the trial Judge Zimmerer was ill and, at his request, Justice of the Peace R. M. Aitchison of Thermal Township presided at the trial, which resulted in the defendant being found guilty. Judgment was pronounced upon him and he sought a writ of habeas corpus from this court to effect his release from confinement by the sheriff of Riverside County.

The principal ground relied on by petitioner is that neither Justice Zimmerer nor Justice Aitchison were justices of the peace, and that neither Mecca Township nor Thermal Township was in existence as a judicial township of Riverside County after July 6, 1932.

On June 6, 1932, the board of supervisors of Riverside County passed an ordinance dividing the county into nine judicial townships. This abolished the judicial townships of Mecca and Thermal…