In Re Bryson

The petitioner was charged by complaint with two violations of what is commonly called the Wyllie Local Option Law (Stats. 1911, p. 599). In the first count it was charged that on the twenty-eighth day of March, 1933, within the city of Visalia, county of Tulare, the petitioner, in violation of the law referred to, sold certain described alcoholic liquor containing more than one per cent of alcohol by volume. In a second count it was charged that on the same day and in the same place he violated the same law in that he unlawfully had in his possession another described quantity of alcoholic liquor containing more than one per cent of alcohol by volume. The respondent sheriff justifies his retention of petitioner by producing a commitment in regular form.

No facts are in dispute and petitioner relies entirely upon the contention that the complaint does not state any offense for the reason that the Wyllie Local Option Law has been repealed. It is conceded that there is no other law on the subject in the city of Visalia, and the only question here presented is whether or not the Wyllie Act was repealed by implication through the adoption of what is known as the Wright Act (Stats.…