In Re Wyatt

Petitioner was charged with the crime of unlawful possession of intoxicating liquor. He was duly arraigned in the Justice’s Court of Fullerton township, Orange County, California, and entered a plea of not guilty of the charge. He was thereafter tried before a jury in said justice’s court and found guilty. During the trial of the case three witnesses testified that the intoxicating liquor was found upon the premises of petitioner, which were located within the boundaries of Fullerton township. Petitioner presented no evidence contradicting this testimony. Following the verdict of conviction, time was set for pronouncing judgment. Prior to the pronouncement of judgment evidence was presented to the court showing that the situs of the alleged offense was in fact without the boundaries of Fullerton township. Petitioner was sentenced by the justice of the peace who presided at the trial and thereupon applied to the Superior Court of Orange County for a writ of habeas corpus. His attempt to secure his release from custody was unsuccessful, the superior court holding that the writ of habeas corpus could not be used for the purpose of collaterally attacking the judgment of the justice’s…