Fountain

The present action is against the State Board of Education and its individual members for a declaration that plaintiff’s teaching credential, which was summarily revoked by the board, is still valid and in full force and effect; and against the West Covina Board of Education and its individual members for a declaration that plaintiff is entitled to be restored to his position as an elementary school teacher in the West Covina School District. The state board defendants appeal from a declaratory judgment in favor of plaintiff which was entered on the pleadings. No appeal has been taken by the West Covina defendants.

The following facts were alleged in plaintiff’s amended complaint and were admitted in defendants’ answer to be true. In October 1948, plaintiff was accused in the Los Angeles Municipal Court of being a lewd vagrant, in violation of section 647, subdivision 5 of the Penal Code. Fountain pleaded not guilty and demanded a jury trial. He then withdrew his demand for a jury trial and submitted the matter to the court on the arrest report. November 17, 1948, the court found him guilty of being a lewd vagrant. December 2, 1948, the proceeedings were suspended without…