In Re Moffett

This is a motion to vacate and set aside the

judgment and order of this court made in this case on March 9, 1936 (In re Moffett, 12 Cal. App. (2d) 320 [55 Pac. (2d) 584]), on the ground that the court had acquired no jurisdiction to proceed because a copy of the application for the writ of habeas corpus was not served upon the district attorney of Tulare County, where petitioner was held in custody, at least twenty-four hours before the writ was made returnable. (Sec. 1475, Pen. Code.)

An examination of the record discloses no proof of any service on the district attorney of Tulare County. It…