In re Zerbe

Petitioner was convicted in the Municipal Court for the San Leandro-Hayward Judicial District of wilful trespass in violation of subdivision (l) of section 602 of the Penal Code. 1 The judgment of conviction was affirmed without opinion by the Appellate Department of the Superior Court of Alameda County, which certified that a transfer of the case to the District Court of Appeal appeared necessary to settle important questions cof law. The District Court of Appeal denied the transfer, and petitioner, who is presently on bail commenced this habeas corpus proceeding.

The Shipwrights, Joiners, Boatbuilders and Caulkers, Local 1149, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, which had been certified by the National Labor Relations Board as the collective bargaining agent for the employees of Chris Craft Corporation at its Hayward plant, instituted a strike after negotiations for a contract proved unsuccessful. The Southern Pacific Company served the plant by means of a spur track, and, in connection with picketing commenced by the union, petitioner, an official of the union, entered Southern Pacific’s right-of-way and stationed himself at or near the junction…