In Re Berry

SULLIVAN, J. Petitioners are charged with criminal contempt, a misdemeanor, for willful disobedience of an order of the superior court. (Pen. Code, § 166, subd. 4.) Prior to the entry by them of a responsive pleading to the complaint (see Pen. Code, §§ 949, 1002, 1003, 1004, 1016) but subsequent to their release upon posting bail, they applied for a writ of habeas corpus in the superior court, alleging that they were being illegally restrained of their liberty because the order they are charged with disobeying is void and unenforceable in that it constitutes a violation of their constitutional rights. The petition was denied without argument or opinion, and petitioners thereupon applied, on the same ground, for a writ of habeas corpus in the Court of Appeal,   Third District. The Court of Appeal granted the writ as prayed for and filed an opinion. We granted the petition of the People*fn1 for a hearing in this court. (Pen. Code, § 1506; Cal. Rules of Court, rules 28, 29, 50.)