California Supreme Court, 1897

Ex parte Wright

California Supreme Court · Decided December 21, 1897 · Beatty

119 Cal. 401; 51 P. 639; 1897 Cal. LEXIS 909

Cases that cite this one

5 later published cases cite this decision.

In re Casas (Cal. Ct. App. 1935)
People v. Radich (Appellate Division of the Superior Court of California 1930)
State ex rel. Wilberg v. McNaughton (Minn. 1924)
State v. Morgan (Utah 1914)
Miles v. Justice's Court of Pasadena Township (Cal. Ct. App. 1910)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BEATTY, C. J.

Application for the writ of habeas corpus upon the ground that the justice of the peace, in whose court the *402prisoner was convicted (by a jury) of a misdemeanor, was ousted of jurisdiction by the filing of an affidavit by defendant that he had reason to believe, and did believe, that he could not have a fair and impartial trial before said justice by reason of his prejudice and bias. (Pen. Code, sec. 1431, subd. 1.)

The refusal of the justice to change the pilace of trial may have been an error, and if so the prisoner has an ample remedy by appeal, but the justice did not exceed his jurisdiction in proceeding with the trial after overruling the motion for change of venue. (Lowery v. Hogue, 85 Cal. 600.) His judgment, therefore, is not void, and habeas corpus does not lie.

Writ denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.