Lowrey

A complaint was filed in one of the justices’ courts of the county of Fresno, charging the plaintiff with having committed the crime of battery. Prior to the time the case was set for trial, the plaintiff filed an affidavit, in which he set forth, that he could not have a fair and impartial trial by reason of the prejudice of the citizens of that township. The cause of such prejudice he alleged to be certain publications in the newspapers of the township with reference to the facts, or purported facts, of the case. A copy of the articles referred to was set forth in the affidavit. The justice denied the motion for a change of venue, the jury was impaneled, the defendant was convicted, and a judgment •was entered against him that he be confined in the county jail for the period of thirty days. The judgment imposed a further penalty of two hundred dollars fine, with the usual alternative of imprisonment in the county jail until the fine be paid, at the rate of one day for every dollar thereof.

This, is a proceeding to annul and set aside the judgment. It is claimed that, the judgment, is void for two *602 reasons: 1. Because the affidavit filed on motion for a change of venue…