In Re Kaster

Petitioner was convicted in the justice’s court of American township of Sacramento County by a jury of a misdemeanor arising under the “Vehicle Act” (Laws 1915, p. 397), in that the defendant did “unlawfully drive and operate an automobile upon the public highway at an excessive rate of speed, to wit, in excess of thirty-five miles per hour,” etc. The defendant was thereupon sentenced to be confined in the Sacramento County jail for a period of sixty days with no alternative.

Petitioner contends that the justice’s court did not have jurisdiction of the person of defendant. In order to understand the contentions made by petitioner it will be necessary to set forth a brief ’ statement of the evidence.

From the evidence it appears that in the month of September, 1920, the defendant was driving an automobile, known as a Deusenberg racing car, along a paved highway, which highway traversed the territory embraced within two adjoining townships, known as “American” and “Center,” in the county of Sacramento. In the course of his travel petitioner passed through American township, and at a certain point therein, while passing several buildings, the constable of American township made an…