People v. Superior Court (Elder)

We are asked to review an order of the superi- or court granting mandamus relief which protected the real parties in inter est from prosecution under Penal Code section 597b as “spectators” at a cockfight. Despite an apparently long history of unchallenged enforcement of the subject statute, the superior court agreed with the contention of the real parties in interest that the word “spectator” was impermissibly vague; it could be construed to criminalize innocent presence at a cockfight as well as purposeful attendance. We agree that facially the relevant portion of section 597b is not sufficiently certain for due process concerns. However, the analysis does not stop there. As explained below, we find a fair and reasonable construction of the relevant portion of section 597b prohibits a person from being knowingly present as a spectator at such fighting or worrying of an animal for the purpose of watching such "fighting or worrying.

On July 24, 1986, petitioner filed a first amended complaint in the Fowler Justice Court alleging, in relevant part:

“Count One

“Violation of Section 597(b) [s/c] of the Penal Code, a misdemeanor. The [real parties in interest], on or about…