In Re Barnes

Nov 28, 1932
Docket No. 2295.
Reporters:
, ,
Before:
Works

[1] Petitioner is in custody under an alleged conviction on a criminal charge before a justice of the peace, petitioner‘s contention being that the docket of the ‍​‌​‌‌​​‌‌​‌​‌​‌​​​​​​​‌‌‌​‌​‌‌‌​​​​​​‌​‌‌‌​‌‌​‌‌​‌‌‌‌​‌‌​‌‌‌​​​‌​‌​​​‌‌​‌‌‌‌​‌‌‌‌​​‌‌‌​‌‌‌​​‌‌​‌‍justice fails to show that petitioner had a trial before the judgment of conviction was rendered.

At the oral argument respondent was permitted to file an amended return to the ‍​‌​‌‌​​‌‌​‌​‌​‌​​​​​​​‌‌‌​‌​‌‌‌​​​​​​‌​‌‌‌​‌‌​‌‌​‌‌‌‌​‌‌​‌‌‌​​​‌​‌​​​‌‌​‌‌‌‌​‌‌‌‌​​‌‌‌​‌‌‌​​‌‌​‌‍writ, by which it was shown that since the issuance of the writ the justice had corrected the docket to show that a trial actually occurred. Petitioner contends that ‍​‌​‌‌​​‌‌​‌​‌​‌​​​​​​​‌‌‌​‌​‌‌‌​​​​​​‌​‌‌‌​‌‌​‌‌​‌‌‌‌​‌‌​‌‌‌​​​‌​‌​​​‌‌​‌‌‌‌​‌‌‌‌​​‌‌‌​‌‌‌​​‌‌​‌‍a justice of the peace may not amend his docket at such a stage. This contention cannot be upheld. (See In re Glavich, 74 Cal.App. 144 [239 P. 707].)

The writ is ‍​‌​‌‌​​‌‌​‌​‌​‌​​​​​​​‌‌‌​‌​‌‌‌​​​​​​‌​‌‌‌​‌‌​‌‌​‌‌‌‌​‌‌​‌‌‌​​​‌​‌​​​‌‌​‌‌‌‌​‌‌‌‌​​‌‌‌​‌‌‌​​‌‌​‌‍discharged and the petitioner is remanded to custody.

Craig, J., and Thompson (Ira F.), J., concurred.