By complaint filed in the justice’s court of Seal Beach township in the county of Orange petitioner was charged with the commission of a misdemeanor in that he did on or about the ninth day of November, 1923, drive an automobile on a public highway within said county at an excessive and unlawful rate of speed in excess of thirty-five miles an hour in violation of section 113 of the California Vehicle Act (Stats. 1923, p. 517). He was found guilty and was subjected to a fine of $25. On appeal duly taken to the Superior Court the judgment of conviction was reversed and a new trial granted. On the trial de novo in the respondent court, pursuant to section 1469 of the Penal Code, the petitioner was again found guilty as charged and a straight fine of $25 was imposed upon him. The present proceeding is on certiorari commenced in the district court of appeal of the second district, division two. The writ was there issued and after hearing the judgment of the Superior Court was annulled. On application _ of respondents the judgment of the district court of appeal was vacated and a hearing ordered in this court.

The cause was submitted to the respondent court for decision on the transcript of the evidence and the proceedings in the justice’s court. It was stipulated that the conviction resulted solely on evidence procured by traffic officers through the maintenance and operation of a “speed trap” as defined in and denounced by section 155 of said California Vehicle Act, which reads as follows:

The petitioner contends that because of the provisions of said section 155 the evidence before the respondent court and upon which his conviction was based was incompetent and that therefore said court was without jurisdiction to render a judgment of conviction against him. The respondents contend that said section 155 contravenes numerous provisions of the state constitution and is therefore void. With reference to these contentious of respondents we approve the reasoning and adopt the conclusions of the district court of appeal in its opinion prepared by Mr. Justice Works as follows :

Since it is determined that said section 155 does not contravene any of the said provisions of the constitution it necessarily follows that the evidence admitted by the respondent court in support of the allegations of the complaint and as a foundation for the judgment of conviction was incompetent. It is the position of petitioner that with naught but incompetent evidence to support its judgment the respondent court was acting without jurisdiction. The respondents contend that the respondent court as a court of general jurisdiction had the power to determine the guilt or innocence of the petitioner who was properly before it charged with a public offense and that assuming the evidence to be erroneously admitted, its determination based thereon was not void for want of jurisdiction but was merely error in the exercise of jurisdiction. In support of their contention the respondents rely on Roberts v. Police Court, 185 Cal. 65 [ 195 Pac. 1053 ], and earlier decisions to the same effect. It is well settled that on every question except the mere question of power the action of the Superior Court is final and conclusive when brought in question in a proceeding on certiorari. As stated in the Matter of Hughes, 159 Cal. 360 [ 113 Pac. 684 ] : “The supreme court has jurisdiction in certiorari to review a judgment of the superior court only in a case where that court has exceeded its jurisdiction (Code Civ. Proc., see. 1068), and in such cases only for the purpose of inquiring whether or not the judgment sought to be reviewed was in excess of .jurisdiction, or as the code expresses it, ‘the review upon this writ cannot be extended further than to determine whether the inferior tribunal, board, or officer has regularly pursued the authority of such tribunal, board, or officer.’ (Code Civ. Proc., see. 1074.) If such tribunal has regularly pursued its authority, our inquiry stops. We cannot consider or correct errors of law committed by the inferior court in the exercise of its authority on the merits of the cause it has jurisdiction to entertain and decide. No matter how erroneous that decision may be, even on the face of the record, we have no power to change, annul, or reverse it in this proceeding, if that court had jurisdiction to act in the matter before it. This has been repeatedly stated in former decisions of this court.”

When the respondent court had acquired its appellate jurisdiction its action within the limits of that jurisdiction was entitled to the same presumptions of regularity that attached to the exercise of its original jurisdiction. (Sherer v. Superior Court, 94 Cal. 354 [ 29 Pac. 716 ].) In Roberts v. Police Court, supra, it was held with reference to the power of the Superior Court on an appeal from a police court: “The statute gives to such court the power, upon such appeal, to reverse the judgment of the police court and grant a new trial, or to approve the judgment of the police court. It must determine the appeal, reversing or approving the judgment of the police court as it deems one or the other course proper in view of the matters shown by the statement of the case. Whichever it does it is acting in the exercise of its lawful jurisdiction, and not in excess of such jurisdiction. It has the same power to affirm in any case that it has to reverse, and the mere fact that its conclusion is wrong does not make its action an excess of its jurisdiction. In such ease we have simply error in the exercise of jurisdiction. . . . Where a court is invested with jurisdiction to determine the question of the guilt or innocence of one charged with a public offense, ... by the filing of the complaint and by acquiring jurisdiction over the person of the defendant, its determination of the question of guilt or innocence, whether based on sufficient evidence or not, is a determination arrived at in the exercise of its jurisdiction, and however erroneous it may be, it is not void for want of power in the court to render the decision.”

The substance of petitioner’s contention is that the respondent court should have found him not guilty of the charge because of lack of competent evidence to convict him. To put it another way, he is insisting that he was wrongly convicted because of evidence before the court which was erroneously admitted. But in such a case the claim of insufficiency of evidence to show the guilt of the accused does not go to the jurisdiction. The determination of the court is no more than error in the exercise of its lawful power. Having acquired its appellate jurisdiction its judgment within the limits of said jurisdiction was a final judgment and errors within such jurisdiction “must be submitted to as part of the sacrifice that every individual is compelled to yield to the infirmities of human government.” (Sherer v. Superior Court, supra.) In support of his contention that the respondent court was acting without jurisdiction the petitioner cites McClatchy v. Superior Court, 119 Cal. 413 [39 L. R A. 691, 51 Pac. 696 ], Estate of Paulsen, 35 Cal. App. 654 [ 170 Pac. 855 ] , Great Western Power Co. v. Pillsbury, 170 Cal. 180 [ 149 Pac. 35 ], Van Hoosear v. Railroad Com., 189 Cal. 228 [ 207 Pac. 903 ], and Hotaling v. Superior Court, 191 Cal. 501 [29 A. L. R 127, 217 Pac. 73 ]. In considering the applicability of those cases to the question in hand it must be borne in mind that an exception to the rule that the sufficiency of the evidence will not be reviewed on certiorari is made when the question is whether jurisdictional facts were or were not proved, that is, whether facts upon which jurisdiction depends were or were not proved (Stumpf v. Board of Supervisors, 131 Cal. 364 [ 82 Am. St. Rep. 350 , 63 Pac. 663 ]; 4 Cal. Jur. 1111, and cases cited). The cases relied upon by petitioner are cases wherein the exception has been applied and have no controlling significance in the application of the general rule to the case at bar.

For the reason that the judgment of the respondent court was regularly made and entered in the exercise of its jurisdiction and was a final judgment on appeal from the justice’s court, it is beyond the legitimate power of this court to disturb it.

The proceedings in the respondent court are therefore affirmed.

Richards, J., Seawell, J., Waste, J., Lennon, J., Lawlor, J., and Myers, C. J., concurred.