Matter of McDonald

Petitioner alleges that he was apprehended and informed against in the county of Los Angeles, being charged with the crime of bigamy alleged to have been committed in the county of San Diego; that upon the calling of the cause for trial he entered a plea of guilty and was sentenced to state prison for a term of four years. It is his contention that his imprisonment is unlawful because of a want of jurisdiction in the superior court of Los Angeles County, and that the respondent sheriff has no warrant for depriving him of his liberty because of the void character of the judgment. Section 785 of our Penal Code provides: “When the offense, either of bigamy or incest, is committed in one county and the defendant is apprehended in another, the jurisdiction is in either county.” This section is a legislative declaration that the venue in cases of this character may be in the county where the defendant is apprehended. We find no constitutional restriction upon the legislative power to determine the venue, which is synonymous with place of trial. The place of trial in offenses of this character has been determined to be either in the county where the offense was committed or where the…