In re Newbern

Petitioner was arrested on March 15, 1960, on a charge of violation of subdivision (a) of section 41.27 of the Los Angeles Municipal Code (intoxication in and upon a public place). He was promptly arraigned, elected to represent himself in propria persona, waived trial *105 by jury, his trial was set for a future date and his bail fixed at-$20. Having failed to post such bail he remained in the jail of the city of Los Angeles until released on his own recognizance pending final determination on his petition for writ of habeas corpus which he caused to be filed in the Supreme Court of the State of California, and which was transferred for hearing to this court.

A return to such petition was filed by the chief of police of the city of Los Angeles together with an affidavit of Thomas Reddin, deputy chief of police in charge of the Bureau of Corrections of the police department of said city. At request of petitioner it was agreed the petition herein may be considered as a traverse to the return.

While his petition charges several claimed violations of his constitutional rights his factual allegations relate solely to the subject of bail. He alleges he was arrested in the San Pedro…