In Re Adams

In the police court of the city of Los Angeles ¿ complaint was filed whereby petitioner was charged with a violation of the act commonly known as the “Wright Act,” being chapter 80 of the Laws of 1921 (Stats. 1921, p. 79), in that he did willfully and unlawfully have in his possession in the city of Los Angeles certain alcoholic and intoxicating liquors for beverage purposes, containing more than o'ne-half of one per cent by volume of alcohol, contrary to the provisions of the Volstead Act ( 41 Stat. 305 ). He pleaded guilty, and the judgment provided that he be imprisoned in the city jail of the city of Los Angeles for a term of 180 days. Being held in custody under that judgment, he applied for and obtained a writ of habeas corpus, returnable before this court. Return having been made showing the facts above stated, the matter is now submitted for decision.

Petitioner claims that the commitment is void because the offense charged against petitioner was a first offense, and under section 29 of the Volstead law the only punishment which can be inflicted for the illegal possession of liquor as a first offense is a fine of not more than $500. Petitioner further contends that the…