Application of Yung

This is an application for a writ of prohibition to be directed to the justice court in and for Orange township, Orange county, California.

On November 14, 1907, petitioner was arrested under and by virtue of a warrant issued out of said justice court upon a complaint charging him with the violation of a certain ordinance prohibiting the sale of liquor as in said ordinance provided. On February 24, 1908, he was duly brought to. trial, but owing to the fact that the jury were unable to agree, a mistrial resulted. On the 27th of February following the case was, by an order of said justice court, set for trial on the ninth day of March, 1908,'at 10 o’clock A. M. At said time petitioner, as defendant in said case, with his counsel appeared in said court and demanded that the trial of petitioner proceed. Said court, however, continued the trial of the case to March 10, 1908. Petitioner by his counsel thereupon moved the court for a dismissal of said charge against him, which motion was then and there denied. On March 10,1908, the day to which the case had been continued, the same was called for trial, whereupon the justice of the court, assigning the absence of defendant’s counsel as…