Gardiner

This is an application for a writ of mandate, made to the superior court. A demurrer to the petition was sustained and judgment went accordingly. Petitioner appeals.

The petition alleges that on a certain day there was filed in the police court of the city of Los Angeles, of which respondent is one of the judges, a criminal complaint against petitioner, and that on the same day petitioner' pleaded not guilty thereto; that at all times mentioned in the petition, and now, a certain person was chief of police of the city of Los Angeles, two certain persons were police officers thereof, and a certain person was city prosecutor thereof; that two days before the* filing of the criminal complaint the two police officers entered petitioner’s place of residence without a search-warrant and took therefrom certain specified articles of personal property; that “the said property is now being unlawfully and improperly held by the said city prosecutor, chief of police and police officers in violation of the rights of 'this petitioner under the Constitution of the state of California. That the said city prosecutor, chief of police and police officers purpose, and each of them purposes, to use…