Ex parte Wright

Citations

• 119 Cal. 401
• 51 P. 639
• 1897 Cal. LEXIS 909

Syllabus

<p>ICbiminal Law—Jubisdiction of Justice’s Court—Refusal to Change Place of Trial—Affidavit of Prejudice and Bias—Appeal—Habeas Corpus. A justice’s court is not ousted of jurisdiction to try a defendant accused of misdemeanor by the mere filing of an affidavit of the defendant that he had reason to believe and did believe that he could not have a fair and impartial trial before the justice by reason of his prejudice and bias, and any error committed by the judge in refusing to change the place of trial on that ground, must be remedied by appeal from the judgment, which is not void, and habeas corpus does not lie.</p>