In Re Oswald

The petitioner is in custody pursuant to a judgment of conviction of a mis'demeanor in that, after having become indebted to a laborer for wages amounting to three hundred dollars, then due and payable, the petitioner, although having the ability to pay, did wilfully and unlawfully refuse, neglect, and omit to pay the same, and did then and there wilfully and unlawfully and falsely deny the amount and validity of said indebtedness, with the intent to secure a discount for himself, and with the intent to annoy, harass, oppress, hinder, delay, and defraud his employee of said sum and indebtedness.

The offense charged was an act in violation of the provisions of section 6 of an act to regulate the payment of wages, etc., approved May 6, 1919 (Stats. 1919, p. 294; Deering’s Gen. Laws, 1923 ed., Act 4743).

The sole point relied upon by petitioner is stated in his contention that the statute is unconstitutional, in that it provides for imprisonment for debt, contrary to the provisions of article I, section 15, of the constitution of California, which reads as follows: “No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud, nor…