DeYoung

The People of the State of California, plaintiff and appellant, having filed application, and the Appellate Department of the Superior Court of Santa Barbara County, pursuant to the provisions of rules 62 and 63, California Rules of Court, article VI, section 4e, of the Constitution, and section 988t of the Code of Civil Procedure of the State of California, having certified to the effect that a transfer of the appeal in the above entitled action to the District Court of Appeal appears necessary to settle a new and important question of law; and good cause appearing therefor, the said appeal being from the Municipal Court of the Santa Barbara Judicial District in and for the County of Santa Barbara, No. 71069, by order duly made, was transferred to the District Court of Appeal, Second Appellate District, Division One.

Plaintiff appeals herein from a judgment, after demurrer, dismissing a criminal complaint which accused the respondent of violation of section 32.11 of the City Code of Santa Barbara in that “said defendant on or about the 10 day of November, 1963, in the City of Santa Barbara, ... did wilfully then and there appear on private premises in a state of intoxication to…