McGinis

McGinis v. Justice's Court

Good Law
1915 Cal. App. LEXIS 386·28 Cal. App. 680·153 P. 728
Court of Appeal of CaliforniaOctober 30, 1915Civ. No. 1854.California1,038 words

Opinion

lead Opinion

Petitioners have asked for a writ of prohibition to prevent the carrying into effect of certain judgments entered in the justice’s court of Calexico township, which judgments were afterwards modified on appeal by the

superior court of Imperial County; and from “ordering the confiscation” of the drugs referred to in the petition. Defendants were charged with having in their possession certain preparations of opium, morphine, and cocaine, contrary to the provisions of an act of the legislature which restricts the sale and keeping of certain drugs and poisons. (Stats. 1907, p. 124, as amended, Stats. 1913, p. 694, and Stats. 1913, p. 697.) The act, in addition to prescribing punishment by fine or imprisonment or both, provides for the confiscation of any drugs taken from the possession or control of the accused and which are being used or kept in violation of the provisions of the statute. Upon being convicted in the justice’s court, defendants took their appeals to the superior court, which appeals were by the latter court heard and determined and the judgments, which provided for imprisonment and fine, were modified and affirmed. From other facts presented by the petition (which…

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