In Re Hernandez

The return to the writ shows that the petitioner is held in custody under commitment issued out of the police court of the city of Bakersfield. This commitment was issued pursuant to judgment rendered in said court in an action of the people against petitioner. By that judgment it was ordered that the defendant be confined in the county jail of the county of Kern for 180 days “as a punishment for the offense committed in the city of Bakersfield, Kern county, state of California, on or during Nov. 16, 1922, to wit: Violation of section 6 of ordinance 64, new series, a misdemeanor as charged in the complaint.” At that time, November 16, 1922, the Wright Act (Stats. 1921, p. 79), the California prohibition enforcement law, had not taken effect.

The complaint charged that on the stated date and within said city the defendant “did then and there willfully and unlawfully have in his possession and keep and store in the premises situate at 429 Beale Avenue, in the city of Bakersfield, intoxicating liquor containing more than one-half per cent alcohol by volume without a valid permit so to do, in violation of the provisions of section 6 of Ordinance No. 64, new series, passed and adopted…