Schoenfeldt

Respondent moves to dismiss the appeal or in the alternative to augment the record.

On June 29, 1959, respondent court found appellant guilty of a misdemeanor (violation of Veh. Code, § 502), and pronounced judgment. No appeal was taken therefrom. July 17, appellant filed in the San Francisco Superior Court a petition *749 for writ of prohibition to prohibit said municipal court from taking any further steps to enforce the judgment on the ground that section 502, Vehicle Code, is unconstitutional. The superior court denied the petition and appellant appealed. Thereafter respondent municipal court moved this court for dismissal of the appeal or in the alternative to augment the record to include certain portions of the clerk’s transcript of the proceedings in the municipal court.

The grounds of the motion to dismiss are that petitioner had a plain, speedy and adequate remedy by appeal, and that since judgment has been pronounced and no appeal taken therefrom, there remains no further judicial function to be performed by the municipal court, and the issuance of a writ of prohibition now (should we hold that the superior court must issue such writ) would serve no useful…