Matter of Application of Anixter

The petitioner, on the ninth day of April, 1913, having been found guilty by a jury, in the recorder’s court of the town of Winters, in Yolo County, of the violation of the provisions of ordinance No. 110 of said town, was sentenced by the recorder to pay a fine of $475, or, on failure to pay said fine, to suffer imprisonment in the city jail of said town for the period of sixty days. Having defaulted in the payment of the fine so imposed, the petitioner was ordered into the custody of the marshal of said town and by said officer incarcerated in the city jail, where he is by that official now restrained of his liberty.

Claiming that his conviction of the offense charged against him and the restraint of his liberty therefor are void because of the asserted invalidity of the ordinance under which such conviction and resultant restraint were brought about, the petitioner asks for his release at the hands of this court from such alleged unlawful custody and restraint through the writ of habeas corpus.

Section 1 of the ordinance, for the infraction of whose provisions the petitioner was prosecuted and convicted, provides that “it shall be, and hereby is made unlawful for any person,…