Ex Parte Hansen

It appears from the application of petitioner that he is deprived of his liberty under a commitment issued upon a conviction of an alleged misdemeanor. This conviction is shown to have been based upon an affidavit filed before a magistrate which charged the defendant with willfully, unlawfully, intentionally and knowingly encouraging, aiding and abetting in the violation of a certain ordinance, by then and there purchasing, receiving and accepting malt and intoxicating liquor, to wit, beer, and furnishing, selling, distributing, delivering and giving away the same to other persons unknown. The ordinance, No. 2, referred to in the affidavit, makes it unlawful for any person, firm or corporation within the county and outside of municipalities therein contained, to sell, furnish, distribute, divide, or give away intoxicating drinks in any quantity, except for certain specified purposes. By section 4 of the ordinance, it is made unlawful for any person to furnish, receive, accept, or otherwise obtain any intoxicating drinks, or in any manner to encourage, aid, abet, or assist in the violation of the ordinance.

The contention of petitioner upon this application is that it is not…