Keith

Appeal by petitioner from an order and judgment denying a peremptory writ of prohibition and discharging an alternative writ theretofore issued.

The petition for the writ of prohibition alleges that upon a complaint filed petitioner was arrested for the violation of an ordinance of the city of Santa Ana, and respondent court, after denying petitioner’s motion to dismiss and overruling a demurrer to the complaint, had set the cause down for trial. It is alleged that the complaint under which the arrest was made did not set forth facts constituting a public or any offense, and was defective in many other specified particulars; that the prosecution was barred by the provisions of section 801 of the Penal Code; for which reasons the court was without jurisdiction to hear and determine the cause.

Conceding that the complaint upon which the criminal proceedings against petitioner were based was defective in all of the respects claimed, and on account thereof, or for any other reason, the jurisdiction of the recorder’s court was wanting, and by reason whereof a conviction thereunder could not be sustained, nevertheless, under the rule laid down in Lindley v. Superior Court, 141 Cal.…