In re Carrillo
California Supreme Court
Appeal from an order of the Superior Court of the county of Santa Clara, granting a writ of prohibition. The petitioner had been arrested for a misdemeanor alleged to have been committed within the limits of the city of San Jose. The respondent, a justice of the peace, was about to proceed with the trial. The writ of prohibition was asked, upon the ground that the justice had no jurisdiction of the action. The further facts appear in the opinion of the court.
1Opinion of the CourtMcKee, J.
The question arising out of the record in this case is, Whether the justices’ court of the city of San Jose has jurisdiction to try and determine a criminal action for one of the public offenses enumerated in section 115 of the Code of Civil Procedure, charged to have been committed within the corporate limits of said city ?
By sections 1, article vi, and 5, article xi, of the Constitution of 1879, it was ordained as follows:
The judicial power of the State shall be vested in the Senate, sitting as a court of impeachment, in a Supreme Court, Superior Courts, Justices of the Peace, and such…
2Cases cited2 opinions
- Desmond v. DunnCalifornia Supreme Court · 1880
- Wood v. Board of Election CommissionersCalifornia Supreme Court · 1881
3Cited by5 opinions
- In re GuerreroCalifornia Supreme Court · 1886
- In Re BaxterCalifornia Court of Appeal · 1906
- People ex rel. Young v. BabcockCalifornia Supreme Court · 1896
- Huntington v. City of NevadaU.S. Circuit Court for the District of Northern California · 1896
- Martinez v. Napa State HospitalDistrict Court, N.D. California · 2025