Edington

This is an application for a writ of prohibition to restrain the superior court of Yolo county and Honorable N. A. Hawkins, the judge thereof, from trying petitioner on a charge of "causing, encouraging and contributing to the delinquency of a dependent and delinquent child." A preliminary examination of the charge was held in the justice court of Woodland township in said county and the defendant was held to answer to the superior court. Therein an information was afterward filed by the district attorney and a motion to set it aside and a demurrer were interposed by defendant. In both these matters the ruling of the court was in favor of the people and the case was set down for trial; hence this application. There are two points made by petitioner that we deem worthy of consideration. The first is that the information is totally insufficient as a basis for the prosecution, in that it does not appear therein that the complaining witness had *Page 741 been previously adjudged a dependent child. The prosecution, it may be said, is under section 26 of what is known as the juvenile court law (Stats. 1911, p. 672), providing that "In all cases where any child shall be dependent or…

We have carefully examined the points made in the petition for a rehearing of this matter but find no reason for changing our views expressed in the opinion filed herein on April 23, 1912. The rehearing is therefore denied.

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on June 22,1912.

This is an application for a writ of prohibition to restrain the superior court of Yolo county and Honorable N. A. Hawkins, the judge thereof, from trying petitioner on a charge of “causing, encouraging and contributing to the delinquency of a dependent and delinquent child.” A preliminary examination of the charge was held in the justice court of Woodland township in said county and' the defendant was held to answer to the superior court. Therein an information was afterward filed by the district attorney and a motion to set it aside and a demurrer were interposed by defendant. In both these matters the ruling of the court was in favor of the people and the case was set down for trial; hence this application.

There are two points made by petitioner that we deem worthy of consideration. The first is that' the information is totally insufficient as a basis for the prosecution, in that it does not' appear therein that the complaining witness had *741 been previously adjudged a dependent child. The prosecution, it may be said, is under section 26 of what is known as the juvenile court law (Stats. 1911, p. 672), providing that “In all eases where any child shall be dependent or…