Borello

The petitioner and three other persons were indicted by the grand jury of Amador county for the crime of arson. A separate indictment was found against each of the parties.

The object of the present proceeding is to secure a writ of prohibition from this court to restrain the court below and the judge thereof from putting the petitioner upon his trial upon the charge for which he was indicted, upon the ground, for certain alleged reasons, that respondents are without jurisdiction to try said petitioner.

A petition for a like remedy has also been filed in behalf of each of the other defendants; but the specific grounds upon which it is sought to prohibit respondents from trying them are, confessedly, the same as those involved here, as are also the facts, and, therefore, the decision in those cases will follow the conclusion reached in the case under consideration.

The record shows that the petitioner had been arrested and was held in custody under a warrant of arrest issued by the justice of the peace of Township No. One of Amador county, acting in his ex-officio capacity of magistrate, upon a complaint filed with and before said officer, charging said petitioner with the crime…