Matter of Application of Worsham

The petitioner is in custody of the city

marshal of the city of Whittier and is held by virtue of a commitment, on sentence of fine, issued out of the recorder’s court of said city. It appears that petitioner was convicted before the recorder of the crime of misdemeanor committed in the city of Whittier. The complaint charged that the defendant did willfully and unlawfully visit a place within the city of Whittier where intoxicating drinks were delivered, divided, and distributed. Ordinance No. 157 of said city is an ordinance prohibiting the sale of intoxicating liquors within the city and, among other things, it is therein provided that “every person who at any time visits or is present at any place within the city of Whittier where spirituous, vinous, malt or mixed liquors, or any alcoholic or intoxicating drinks are sold, kept for sale, offered for sale, furnished, distributed, divided, delivered or given away in violation of this ordinance, shall be deemed guilty of a misdemeanor.” This language is very broad and includes every possible case of visiting such a place as that described. It is identical in principle with an ordinance of the city of Modesto which was under…