People v. Superior Court

This proceeding in certiorari was commenced in behalf of the People of the State of California for the purpose of having annulled an order made by the respondent Superior Court in determining the merits of an appeal taken to said Court by the respondent corporation, Cowell Portland Cement Company, from a judgment of conviction obtained by the People in the Justice’s Court of the first township of Contra Costa County.

There is no controversy as to the facts and, briefly stated, they are as follows: In January, 1926, the Industrial Accident Commission caused a criminal action to be instituted in said Justice’s Court against the respondent corporation upon a charge of misdemeanor, to wit: Violation of section 29 of the Workmen’s Compensation, Insurance and Safety Act of 1917 (Stats. 1917, p. 857), relating to self-insurance; and thereafter said corporation was tried before a jury upon said charges and convicted. A judgment of fine was imposed; whereupon an appeal was taken to the Superior Court, which was thereafter heard upon a statement of the case theretofore settled by the justice of the peace before whom the action was tried. On November 5, 1926, said Superior Court rendered a…