In Re Dowell

It appears by the return made to the writ that petitioner is held in custody by the chief of police of the city of Los Angeles under a writ of commitment issued by the justice of the peace of Malibu Township. This commitment shows that the petitioner was convicted of the crime of battery and sentenced to serve a term of ninety days in the city prison. Petitioner bases his demand to be released from custody on two contentions, namely: 1. That the justice of the peace of Malibu township has no authority to commit a person to the custody of the chief of police of Los Angeles City; 2. That the justice’s court of Malibu Township has no jurisdiction of a misdemeanor committed within the limits of the city of Los Angeles, because exclusive jurisdiction to try all such offenses is conferred by legislative enactment upon the police courts of such city. We are not pointed to the authority of any provision of statute or charter showing any right in a justice of the peace of a township to commit an offender to the custody of the chief of police of Los Angeles City. Commitments issued by justices of the peace of townships run to the sheriff of the county and not to local police officers. While…