Powelson

Alternative writ of prohibition issued by the superior court of the county of Los Angeles, on the petition of appellant, to the respondent, a justice of the peace of Los Angeles City, to prohibit said justice from trying the petitioner on a charge of vagrancy, under section 647 of the Penal Code, without a jury. The appeal is from the judgment discharging the writ.

It appears that the respondent denied the petitioner’s demand for a new trial, properly made, if he was entitled to a jury trial, and that the justice proposed and was about to try him upon said charge without a jury.

Upon the trial the application was opposed on two ■grounds: 1. That prohibition was not the proper remedy; 2. That defendant was not entitled to a jury trial. The court sustained the opposition on the first ground, and declined to consider the second.

I think the court properly sustained the opposition *615 to the writ on the first .ground above stated, and for the reasons that the justice’s court had jurisdiction of the subject-matter—the misdemeanor charged—and of the parties; that in denying a jury trial, even if appellant was entitled to it, and in trying, or in proposing to try, the case without a…