Gardner

This is an application for a writ of prohibition to prevent the superior court, sitting as a juvenile court of Los Angeles county, from proceeding further in the trial of an action wherein the people of the state constitute the plaintiff and the petitioners are defendants. The action was instituted by filing a verified complaint in said court charging petitioners with the commission of the misdemeanor defined by section 26 of the juvenile court act (Stats. 1911, p. 672). The right to the writ is based upon the claim that the verified complaint filed in the superior court was insufficient to give the court jurisdiction to try petitioners for the offense charged therein.

Section 26 of the juvenile court act, which defines the misdemeanor in question, provides that “the juvenile court shall have jurisdiction of all such misdemeanors.” Section 682 of the Penal Code provides: “Every public offense must be prosecuted by indictment or information, except: 1. Where proceedings are had for the removal of civil officers of the state. 2. Offenses arising in the militia when in actual service, and in the land and naval forces in time of war, or which the state may keep, with the consent of…