In Re Marincovich

Petitioner was arrested for a violation of section 636 of the Penal Code. He is charged with having had in his possession, in fish and game district No. 20, a net measuring more than six feet in its greatest breadth and which was not a dip net for taking fish to be used as bait only. He attacks the constitutionality of this code section, particularly in so far as it relates to fish and game district No. 20, claiming that California has no jurisdiction over the waters referred to as “state waters” in the statutory definition of fish and game district No. 20 (Stats. 1917, p. 1061); that the statutory description of that district is fatally indefinite and uncertain; and that section 636 violates section 25 of article I and section 24 and subdivision 2 of section 25 of article IV of the state constitution. We think that none of these contentions is tenable.

Section 636 provides that it shall be unlawful for any person to have in his possession, in fish and game district No. 20, any net other than a dip net for taking fish to be used as bait, and that such dip net for catching bait shall not measure more than six feet in its greatest breadth. (Sec. 636, Penal Code, as amended July 22,…