McGennis

Each of the 26 defendants was charged with a violation of sections 43.13.1 (count I) and 43.13.2 (count II) of the Los Angeles Municipal Code, sometimes called the “visiting ordinances.” On their respective motions, each of the complaints was dismissed by the Municipal Court for the Los Angeles Judicial District. The People appealed to the Appellate Department of the Superior Court for Los Angeles County which, by a divided court, affirmed the judgments of dismissal. Upon affirmance of the judgments, all the judges of the appellate department joined in certifying the cases to us under rule 63, subdivision (a), California Rules of Court. We accepted the transfer as necessary to settle an important question of law.

The complaints against the several defendants are identical. Each is charged as follows: Count I, that on November 13, 1965, he “did wilfully and unlawfully resort to, attend, and be in a house, room, and other place where there was a gambling device, gambling equipment and gambling paraphernalia, which place was barred, barricaded, built, and protected in such a manner as to make ingress and access difficult to police officers,” in violation of section 43.13.1 of the…