In Re Hall
Opinion
lead Opinion
York, J.
Hearing on writ of habeas corpus. There are but two issues involved.
The first point is whether an allegation in a complaint in the municipal court alleging a prior conviction in the “Police Court of the City of Los Angeles” on a day after such police court had ceased to exist is a sufficient allegation of a judgment of prior conviction in the municipal court of said city to justify the court in imposing a penalty as for a second offense; and, second, are the verdicts rendered in the form “guilty of the offense charged” a sufficient finding of the truth of the allegations of a prior conviction, when the former action is referred to in the verdicts only by the number of each ease, and the judgment in each former case is before the jury as an exhibit, but in the complaint in the action in which the petitioner is being now held in custody is referred to only by date of convictions and not by number.
As to the first issue, the fact is that the municipal court has and had at the dates alleged in the complaint all the powers of the former police court of the city of Los Angeles, and in addition thereto other powers granted by the constitution. The allegation that there had been a…