Ex Parte Boynton

The petitioner comes before this court on a writ of habeas corpus. He was arrested in the town of Suisun City on a warrant for disturbing the peace. He was brought before the justice of the peace and pleaded guilty, and on the ninth day of June, 1905, was sentenced to sixty days’ imprisonment in the county jail of Solano County., Petitioner claims the complaint on which he pleaded guilty charges no public offense. The charging part of said complaint is as follows:—

It was evidently intended, and the district attorney admits as much on the argument, to charge the petitioner with dis turbing the peace by using “vulgar and profane language in the presence or in the hearing of women and children in a loud and boisterous manner,’’ as provided in the latter part of section 415 of the Penal Code. If such was the intention^ then the complaint fails to charge a public offense, because it leaves out what seems to us to be the very necessary matter to complete the offense, to wit, “in a loud and boisterous manner.’’ The district attorney claims, however, that the complaint states the crime of disturbing the peace by offensive conduct, which consists in using vulgar and profane language in…