In Re Johnson

This is an application for a writ of habeas corpus. Petitioner is detained in the county jail of San Diego county under a commitment issued in execution of a judgment of the city justice of the peace of the city of San Diego. Petitioner was found guilty of violating the liquor license ordinance of that city (No. 2341) making it unlawful for any person “to keep a saloon, bar,” etc., . . . “where any wine . . . or any intoxicating drinks are manufactured, sold, dispensed, or given away, or to manufacture, sell, dispense, or give away any such wine,” etc., “without first having obtained a license therefor, as provided in this ordinance, ’ ’ etc.

The complaint upon which the conviction was had charges that the petitioner did “unlawfully, then and there, keep a saloon, bar,” etc., . . . “where . . . liquors were then and there sold,” etc., . . . “and did then and there sell, dispense,” etc., . . . “to-wit: malt beer, without first obtaining a license therefor,” etc. Petitioner contends that the complaint states two distinct offenses, and that a general verdict on such a complaint is void.

If the authorities from other jurisdictions cited by appellant to support his contention hold as…