In Re Florence

The petitioner seeks to be discharged from custody following his arrest on a complaint charging a violation of that part of section 628f of the Penal Code which prohibits the shipment of abalone shells out of the state.

A similar application was heard before the Honorable C. J. Goodell, sitting in the Superior Court in the City and County of San Francisco. In remanding the petitioner to custody the learned trial judge rendered a written opinion which fully covers all the issues involved in this hearing and which we adopt in part as the opinion of this court. Judge Goodell’s opinion reads:

“First is the case of Ex parte Maier, 103 Cal. 476 [ 42 Am. St. Rep. 129 , 37 Pac. 402 ], which seems to be the leading case in this state upon the subject. In that case the petitioner, who sought to be released upon a habeas corpus, had brought in from the state of Texas a quantity of deer meat for the purpose of sale in California. The statute of this state prohibited the sale of deer meat, among other things, and it was the petitioner’s contention that this prohibition extended only to the meat of deer killed within this state and that the law was intended to protect California game and not…