In Re Turck

The petitioner, W. I. Turck, being in custody of the sheriff of the county of Orange and imprisoned in the county jail of that county, applied to this court for a writ of habeas corpus and the writ was issued. Attached to the sheriff’s return to the writ is a copy of a commitment issued by John B. Cox, as justice of the peace of Santa Ana Township, in the county of Orange. By that commitment it appears that on the twenty-eighth day of January, 1918, a complaint under oath was filed in said justice’s court, charging that the petitioner on that day committed a misdemeanor, to wit, violation of the motor vehicle law; that a warrant of arrest having been issued on that day and defendant having been arrested, thereafter on the same day he appeared before said court and was informed of all his legal rights; that the complaint in the action having been read to him, the defendant pleaded guilty and was by the court found guilty as charged in the complaint; thereupon, the defendant having waived time for the pronouncing of judgment, it was adjudged that for said offense defendant be imprisoned in the county jail of the county of Orange for the term of ten days.

The complaint upon which…