In Re Knight

The petitioner is held in custody by the sheriff of Butte County upon an order made by a justice of the peace of said county, sitting as a committing magistrate, holding him to trial in the superior court of said county for the violation of Ordinance No. 307, passed and adopted by the board of supervisors of said county of Butte on the second day of August, 1921. The avowed purpose of said Ordinance No. ^307 is the enforcement of 'the eighteenth amendment to the federal constitution, prohibiting the sale, manufacture, transportation, etc., of alcoholic liquors within the limits of said county. Section 2 of said ordinance provides :

The specific charge against the defendant is that he sold intoxicating liquor within the limits of the county of Butte. It is admitted, however, that the offense of which the petitioner is accused was committed, if at all, within the limits of the city of Oroville, which is a municipal corporation organized as such under the Municipal Corporation Act of 1883 (Stats. 1883, p. 93) and is of the fifth class. And it was also admitted that the city of Oroville had passed several ordinances regulating the traffic in intoxicating liquors. These ordinances…