Fages

Defendant was convicted of a misdemeanor under an ordinance of the county of San Bernardino which made it unlawful for any person to sell, give, or furnish intoxicating liquor to another in said county outside of incorporated cities and towns. By this ordinance the retailing of intoxicating liquor, except for certain special uses, was entirely prohibited. The penalty fixed for a violation of the ordinance was that the person convicted should be punished by a fine of not exceeding six hundred dollars, or by imprisonment in the county jail of San Bernardino County for not more than seven months, or by both such fine and imprisonment. Defendant presented a motion for a new trial, which was denied, and this appeal is prosecuted from the order made in that behalf.

As by section 1425 of the Penal Code justices’ courts are given jurisdiction only of misdemeanors punishable by fine not exceeding five hundred dollars or by an imprisonment not exceeding six months, or by both fine and imprisonment, the ordinance by fixing a maximum term of imprisonment at seven months, described a misdemeanor of which the justices ’ courts would not have jurisdiction, but which would fall within the…