In Re Lovall

Petitioner is confined in the county jail of the county of San Joaquin under and by virtue of a commitment issued out of the justice’s court of the city of Stockton, in said county. The return to the writ of habeas corpus issued herein shows that petitioner was convicted of a misdemeanor and adjudged to pay a fine of five hundred dollars, and in default of the payment of such fine that he be imprisoned in the county jail of said county. No question is made as to the regularity of any of the proceedings in the action which resulted in the judgment against petitioner. The sole point made by petitioner for his release from said imprisonment is that there is no such court as the justice’s court of the city of Stockton and for that reason the commitment purporting to have been issued by the justice of the peace of said court is void, and furnishes no legal warrant for his imprisonment. In support of his contention petitioner relies upon the recent case of Robertson v. Langford, 95 Cal. App. 414 [ 273 Pac. 150 ]. In that case it was held that the police court of the city of San Jose, created under the charter of said city, possessed all of the powers of a municipal court, and was…