In Re Leonardino

Petitioner was charged hy a complaint filed in the justice court of Yreka township, Siskiyou county, with having “willfully and unlawfully engaged in and carried on the business of selling spirituous, malt or fermented liquor or wines, without having first taken out and procured the county license” required hy a certain ordinance of said Siskiyou county.

The .petitioner was regularly tried in said justice court and convicted of the offense charged. He moved for a new trial in said court, which was denied. He then appealed to the superior court upon a statement of the case and the judgment of the justice court was affirmed.

There is no contention that the said complaint does not state facts sufficient to constitute a public offense. The regularity of the proceedings before the justice or the superior court is not called in question. .No claim is made that the said ordinance was not properly passed or that it is not within the scope of the legislative power of said hoard of supervisors.

It is insisted, however, that it “is a police regulation measure and applies, and can he held to apply, solely to the business of retailing wines, liquors and beers at a fixed place of business,…