Merrick

This is an appeal from a judgment of dismissal of a contest of the election of Mr. John C. Porter to the office of mayor of the city of Los Angeles. Section 1111 of the Code of Civil Procedure provides in subdivision 3 thereof for a contest of election in the following language:

In Title IV, Part I, of the Penal Code are found sections 41 and 61, reading respectively as follows:

Section 1 of Act 2262, General Laws, makes it the duty of every candidate at a public election to file a statement of moneys received and expended in aid of his election in detail and manner as therein prescribed.

Section 9 of the same act provides that “any person offending against any of the provisions of this act shall be guilty of misdemeanor and be dealt with as provided in the Penal Code”.

The statement of contest in this case is in two counts, one charging certain wilful violations of section 1 of Act 2262 by respondent in the making and filing of his statement of moneys received and expended in the campaign preceding the general election and the other charging wilful violations of the same section in the statement of receipts and expenditures in the primary election campaign.

It is appellant’s…