In Re Desanta

The prisoner seeks to be released on habeas corpus from imprisonment under a judgment convicting him of a misdemeanor, to wit, selling milk containing less than three and four-tenths per cent of fats, in violation of certain ordinances of the city and county of San Francisco, known as Ordinance No. 2944, and Amendatory Ordinance No. 1208. The material parts of said ordinances necessary for a discussion of this case are as follows:

The legislature, long after the adoption of the ordinance, passed an act entitled, “An act to prohibit adulteration and deception in the sale of dairy products, and defining adulteration, in dairy products; to establish a standard of quality in dairy products, and to provide for enforcing its provisions, ’ ’ approved March 15, 1907 (Stats. 1907, p. 265 et seq.). The act consists of eight sections, with various subdivisions of such sections, and evidently was intended to cover fully the subjects indicated in its title. So far as necessary for the purposes of this opinion its provisions are as follows:

The act provides fully as to correctly labeling °all packages of dairy products, and defines skimmed milk, condensed milk, condensed skimmed milk, cream,…