Earl

This is an appeal taken by the people from a judgment entered for defendant on a demurrer to an indictment.

Defendant was indicted under the provisions of section 619 of the Penal Code, which provides as follows: “Every person who willfully discloses the contents of a telegraphic or telephonic message, or any part thereof, addressed to another person, without the permission of such person, unless directed so to do by the lawful order of a court, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by fine not ex ceeding five thousand dollars, or by both fine and imprisonment. ’ ’

The indictment charged that on the thirty-first day of July, 1911, in the county of Los Angeles, a telegraphic message was transmitted by the United Wireless Telegraph Company by means of its telegraphic apparatus to one F. F. Peard, from the city of Los Angeles, at Avalon, Catalina Island, which said telegram was signed by one Fenner H. Webb. The indictment then proceeds to charge as follows: “That the said Edwin T. Earl did then and there willfully, unlawfully and feloniously print, publish and cause to be printed and published…