Baker v. Municipal Court

Appeal from a judgment of the superior court denying a writ of prohibition sought to restrain respondent municipal court from taking further proceedings in a criminal action.

Plaintiff was charged in the municipal court with a violation of section 23102 of the Vehicle Code (misdemeanor drunk driving). He demurred to the complaint on the ground section 23102 violated the Fourteenth Amendment and article I, section 13, clause 6, of the Constitution of California. The demurrer was overruled. Plaintiff then petitioned the superior court for a writ of prohibition to restrain the municipal court…