Belanger

In a complaint filed in the Municipal Court of the El Monte Judicial District, County of Los Angeles, appellant was charged with a violation of section 647, subdivision (f), of the Penal Code, in that he was “found in a public place, in auto and was therein willfully and unlawfully under the influence of intoxicating liquor in such a condition that he was unable to exercise care for his own safety and the safety of others. ’ ’ A demurrer to the complaint was overruled, and on November 24,1965, appellant was found guilty as charged. In the interest of settling an important question of law, the case was transferred to this court for hearing and further decision. (Cal. Rules of Court, rules 62, 63.)

Section 647, Penal Code, provides in pertinent part as follows: “Every person who commits any of the following acts shall be guilty of disorderly conduct, a misdemeanor: ...(f) Who is found in any public place under the influence of intoxicating liquor ... in such a condition that he is unable to exercise care for his own safety or the safety of others.

The arresting officer testified that he was dispatched to investigate a case of drunk in auto; that upon arriving at the scene he…