In Re Ballas
Opinion
lead Opinion
Hart, J.
The petitioner was convicted in the superior court of the county of Yolo of the crime of forgery, the information (made a part of the petition for the writ) under which he was so convicted alleging that he raised a check issued to him by one Jessa Dunsmore on the First National Bank of Woodland, at Woodland, Yolo County, from the sum of sixty-five cents, for which the check was originally drawn, to the sum of sixty-five dollars. The information further alleged that the defendant passed said check on the Bank of Martinez, at Martinez, Contra Costa County, and that said bank cashed said check by paying to defendant the sum of sixty-five dollars, the ostensible value thereof.
This application of petitioner for a writ of habeas corpus is based upon the contention that the jurisdiction of the alleged offense is solely in the superior court of Contra Costa County, and that, therefore, his conviction of the offense in the superior court of Yolo County is coram non judice and void.
At the hearing of this petition, among other contentions advanced by the district attorney of Yolo County in resistance to the petition, it was maintained that the petition here would not lie for the reason…