Matter of Application of Luera

Section 3 of an ordinance of the city of Azusa provides that “Every person having in his possession, within the city of Azusa, any spirituous, vinous, malt or mixed liquors, or any alcoholic or intoxicating drinks, shall be deemed guilty of a misdemeanor.” Section 16 thereof provides : ‘‘ The provisions of this ordinance shall not be deemed to apply to the keeping of intoxicating liquors for medicinal or scientific purposes.”

On April 20, 1915, a complaint was filed with the recorder of the city of Azusa wherein it was alleged that on said date, “within the city of Azusa, county of Los Angeles, state of California, a misdemeanor was committed by Juan Luera, who at the time and place last aforesaid did willfully and unlawfully have in his possession, within the city of Azusa, spirituous, vinous, malt, or mixed liquors and alcoholic and intoxicating drinks, not for medical or scientific purposes”; and as thus accused he was, upon trial, convicted, and in default of payment of a fine of seventy-five dollars imposed as punishment therefor, was sentenced to serve a term of seventy-five days in the city jail of the city of Azusa.

The question involved is whether or not the provision…