CARRARA v. SUPERIOR COURT

DOOLING, J.

[1] This proceeding presents the question whether the Superior Court in and for the City and County of San Francisco has jurisdiction in habeas corpus over the person of a minor actually present and residing in Alameda County. Under article VI, section 5 of our Constitution superior courts only have jurisdiction to issue "habeas corpus on petition by or on behalf of any person in actual custody, in their respective counties." (Emphasis ours.) ( Bartlett v. Superior Court, 108 Cal.App. 755 [ 292 P. 545]; Zeigler v. Superior Court, 134 Cal.App. 88 [ 24 P.2d 899]; People v. Dunlop, 102 Cal.App.2d 314 [ 227 P.2d 281]; People v. Ponce, 103 Cal.App.2d 271 [ 229 P.2d 77].)

The peremptory writ of prohibition is ordered to issue as prayed.

Goodell, Acting P.J., and Jones, J. pro tem., concurred.