In Re Bond

Petitioner was found guilty of violating a prohibitory liquor ordinance of the city of Upland and sentenced to pay a fine of fifty dollars; with the alternative of imprisonment of one day for each dollar of fine. On application of his attorney to this court a writ was issued against the city marshal of Upland, in whose custody petitioner was detained, and the matter is before us for hearing upon the sufficiency of the petition.

The complaint and a stipulated statement of the evidence upon which the conviction was had are made part of the petition. The complaint charges that the defendant did . . . willfully and unlawfully sell, furnish, distribute, deliver and give away, and for a long time prior thereto had been willfully and unlawfully selling, furnishing, distributing and giving away, spirituous and malt intoxicating liquors, to wit, whisky and beer. The portion of the ordinance necessary to be considered here reads: “Section 1. Any person, firm, corporation, club, or association that within the city of Upland, -California, establishes, keeps, opens, maintains or carries on a place where spirituous, vinous or malt, or mixed liquors, or any alcoholic or any intoxicating drink…