Hirst

Defendants James Anthony Hirst, Haven Colby Anshen and Veronique Else Madeleine Lettau have appealed from their convictions in a nonjury trial in the Municipal Court of the San Diego Judicial District for violations of Penal Code section 653g. That section as amended in 1970 reads: “Every person who loiters about any school or public place at or near which children attend or normally congregate is a vagrant, and is punishable by a fine of not exceeding five hundred dollars ($500) or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment.

“As used in this section, ‘loiter’ means to delay, to linger, or to idle about any such school or public place without a lawful purpose for being present.”

Hirst was charged on the basis of an incident that occurred on March 11, 1971; Anshen and Lettau, in connection with an incident on May 20, 1971. The cases were consolidated for trial. After conviction the defendants united in an appeal to the Superior Court of San Diego County, which reversed the judgments and certified the case to this court for hearing and decision. (Cal. Rules of Court, rule 63.) Thereupon, we ordered such a…