Barton

Defendant-respondent was charged in the Municipal Court of Oceanside Judicial District with the crime of violating section 2191 of the Oceanside Ordinance Code, in that on January 9, 1962, defendant was then and there a person who did willfully and unlawfully solicit, and peddle on private property, to wit: 428D Garfield Street in the City of Oceanside, not having been requested to do so by the owner or occupant of said private residence, all of which is in violation of Oceanside Ordinance Code, section 2191.

Previously, the city council enacted section 2191, supra. It provides as follows:

The agreed statement of facts in this case is to the effect that the defendant, Barton, on January 9, 1962, knocked on the door at 428D Garfield Street in the City of Oceanside, he not having been requested so to do by the owner or occupant at said address; that the building at said address on the date in question was a private residence occupied by a family by the name of Brown; that the purpose for which the defendant knocked on the door was to solicit the sale or pur chase of a set of encyclopedias; that after defendant knocked, the door was opened by an occupant of the building and after a…