Ex parte Wong You Ting

The petitioner is in the custody of the chief of police, under a conviction in the police court of the city of Los Angeles of the offense of practicing medicine without having procured a certificate from a hoard of examiners, contrary to the provisions of “An act to regulate the practice of medicine,” approved April 3, 1876, and an act supplemental thereto which went into effect April 1, 1878 (Stats, of 1875-76, p. 792; Stats. *297 of 1877-78, p. 918); and he asks to be discharged from such custody on a writ of habeas corpus heretofore issued out of this court.

Many of the grounds upon which the discharge is asked cannot be considered on this writ. The only question before us necessary to be decided is whether or not the appellant was entitled to a jury trial. He demanded a trial by jury; but his demand was denied, and the police judge proceeded to try and convict him without a jury. It seems to be admitted by counsel for respondent that if petitioner was entitled to a jury trial and had demanded it, then the judge, sitting without a jury, did not constitute a court having jurisdiction to try the case. The point that the refusal of a jury can be reviewed only on appeal is not…