Fueller

This is a "proceeding for a writ of prohibition. It appears from the petition upon which the alternative writ was issued that the petitioner was charged with a violation of the provisions of the act of May 29, 1929, made effective on August 14, 1929, amending the prior act of March 1, 1911 (Stats. 1929, chap. 573, p. 973), by a criminal complaint filed in the respondent court in the county of San Diego; that a trial of the action was had before respondent justice of the peace; that prior to the commencement of the trial petitioner moved the court to dismiss the complaint and to discharge petitioner from custody on the grounds that the statute upon which the prosecution was based was unconstitutional and that the offense, if it should be proved that any was committed, occurred in the county of Los Angeles outside of the township of Encinitas; that notwithstanding the said motion and over petitioner’s protest the respondent court proceeded with the trial of the action and upon its conclusion adjudged that petitioner was guilty as charged in the complaint and as punishment therefor imposed sentence that petitioner be imprisoned in the county jail of the county of San Diego for a term…