Davis v. Brisbois

The appellant, J. H. Davis, was tried and convicted in the magistrate’s court of the city of Phoenix of the offense of driving an automobile while intoxicated; the act charged being in violation of a city ordinance. Upon the calling of his case he demanded a jury trial, which was refused him. After conviction he applied to the superior court for a writ of habeas corpus, alleging his imprisonment to be illegal because of the refusal to him of a jury trial. The writ was issued but upon hearing was discharged. Upon this appeal he presents the one question only; that is, his right to a jury trial.