In Re Ajuria

The petitioners were convicted of the violation of an ordinance of the city of Marysville and sentenced to pay fines and to be imprisoned in the county jail. They herein seek their discharge upon a writ of habeas corpus.

The petition does not set out the terms of the ordinance or state the offense of which the petitioners were convicted other than that it was a misdemeanor. It may be inferred from the facts alleged, however, that they were found guilty of having wine in their possession contrary to the terms of the ordinance.

It is alleged that the police officers unlawfully and without a search-warrant entered in the night-time and searched the defendants’ premises and discovered there a barrel containing several gallons of wine; that thereupon, without a warrant and without a complaint having been filed charging the defendants with the- commission of any offense, the officers arrested them and took them to the police station; that three days later a complaint was filed charging the defendants with the misdemeanor of which they were later convicted; that no warrant of arrest was ever issued out of the police court or served upon the defendants, and that by reason of the failure…