Gillis

On November 16, 1927, the petitioner herein was held by a justice of the peace of Santa Ana township, in the county of Orange, to answer before the Superior Court of said county upon two separate charges of high misdemeanor, to wit, the selling of intoxicating liquor after prior conviction of a similar offense. Informations were not filed in the Superior Court until December 7, 1927. On the date of arraignment in each case, which was December 16th, demurrers to the respective informations, and motions to dismiss the actions, were filed, based upon the ground that, since the informations were not filed within fifteen days after the defendant was examined and committed by the justice of the peace, as required by section 809 of the Penal Code (as amended by Stats. 1927, p. 1045), the Superior Court was without jurisdiction to hear or entertain any proceedings, in either case, except the motions for dismissal. The trial court overruled petitioner’s demurrers, and denied both motions, setting December 23, 1927, as the date to plead, and upon which latter date the petitioner appeared in person and with his counsel, pleaded guilty to the charge of prior conviction, and not guilty to the…