In Re Rice

The petitioner, Rice, was arrested under a warrant from the recorder’s court of the city of Long Beach, in the county of Los Angeles, state of California, which warrant was based upon a complaint charging that the defendant did commit a misdemeanor, in that he “did then and there willfully and unlawfully commence and proceed with the erection or construction of a building within the limits of the city of Long Beach without first procuring a permit so to do, thereby violating ordinance 181, section 3, of the said city of Long Beach; all of which is contrary to the forms of the ordinances adopted and approved,” etc.

It is contended by the petitioner, and some evidence was offered on the hearing of the petition to show that the house alleged to have been constructed contrary to the ordinance and without a permit so to do was not within the limits of the city of Long Beach. This contention is based on the alleged ground that proceedings were taken under the statute by the city of San Pedro to incorporate as a part of the city of San Pedro the territory upon which the house in question is situated, and that such proceedings by the city of San Pedro were instituted at a time when said…