JACINTO v. << (1935)

District Court of Appeal, Fourth District, California.

Ex parte JACINTO.

Cr. 288.

Decided: August 29, 1935

Thomas F. Lopez and G. L. Aynesworth, both of Fresno, for petitioner. Whitehurst & Logan, of Patterson, and Hawkins & Hawkins, of Modesto, amici curiæ, for petitioner. Roger R. Walch, Dist. Atty., of Hanford, for respondent.

This is a petition for a writ of habeas corpus filed to test the legality of petitioner's arrest under a complaint charging him with violating the terms of an ordinance of Kings county providing for the organization of that county into a voluntary tuberculosis control area and for the administering of tuberculin tests to dairy cattle in that county. Petitioner urges the illegality of that ordinance upon the same grounds urged by the plaintiff and amici curiæ in the case of Coelho v. Truckell (Cal. App.) 48 P.(2d) 697. The opinion in that case disposes of all of the questions presented here, and upon the authorities there cited and for the reasons there given the arrest and detention of petitioner must be held legal.

Petitioner is remanded to the custody of the sheriff of Kings county. Writ discharged.

MARKS, Acting Presiding Justice.

I concur: JENNINGS, J. Mr. Presiding Justice BARNARD, being absent, does not participate herein.