Farraher

Prohibition to restrain respondent, after a ruling denying petitioner’s motion to dismiss the case, from proceeding with the threatened trial of petitioner on an appeal by him to the superior court from a judgment of conviction by the justice’s' court based upon a complaint which purported to charge him with the violation of section 403 of the Penal Code. The contention of petitioner is that the complaint fails to charge him with the commission of any acts constituting a criminal offense under said section, or under any other provision of the law.

[1] The section in question was originally adopted by the legislature in 1872. The head line or title of the section is, “Disturbance of Public Meetings, Other Than Religious or Politicaland the body thereof provides: “Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting, not unlawful in its character, other than such as is mentioned in sections fifty-nine and three hundred and two, is guilty of a misdemeanor,” Petitioner properly insists that the title or head-note of the section must be deemed a part of the substance of the enactment and accorded the same effect as though written into the…