In Re Stambaugh

Petitioner was convicted by a jury in the Recorder’s Court of the City of Fullerton, in Orange County, of the offense of selling gasoline which he falsely represented to be gasoline of a manufacturer, or producer other than the true manufacturer, or producer thereof and was sentenced to pay a fine of $75, and, in default of the payment thereof, to be confined in the county jail of said county at the rate of one day for each $2.00 of said fine. The complaint filed in said cause purported to charge petitioner with a misdemeanor under the provisions of section 1, chapter 697, of the Statutes of 1929, p. 1207.

That portion of the provisions of said section within which it was sought to bring the alleged act of petitioner by the charging part of the complaint, reads as follows: “It shall be unlawful for any person, firm or corporation to sell, offer for sale or assist in the sale of any gasoline, distillate, or lubricating oil for internal combustion engines, and wilfully and falsely represent such gasoline, distillate or lubricating oil to be gasoline, distillate, or lubricating oil of any dealer, manufacturer or producer other than the true dealer, manufacturer or producer thereof,…