Kelly v. Municipal Court

WOOD (Fred B.), J.

Question: Does the respondent court have jurisdiction to proceed with the trial of petitioner upon a complaint that charges a violation of section 290 of the Penal Code (failure to report a change of address) despite the fact that prior to this alleged failure the conviction (violation of Pen. Code, § 288a) upon which the section 290 charge is based was set aside and petitioner “released from all penalties and disabilities” pursuant to the provisions of section 1203.4 of the Penal Code? *

In such a state of facts does such a complaint charge the violation of a public offense…