In Re Berto

The petitioner was charged by a complaint filed against him in the justice’s court of the third township of the county of San Mateo, this state, on September 17, 1924, with the violation of subdivision 6 of section 636 of the Penal Code. In material allegations the complaint is as follows: “That on or about the 14th day of August, A. D. 1924, in the County of San Mateo, State of California, the crime • of misdemeanor was committed by A. Berto, who did then and there use within said county and in Fish and Game District number 13, a certain beach-seine, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the State of California. And this complainant, upon oath, accused the said A. Berto of having committed the said offense and prays that the said accused may be brought before a magistrate and dealt with according to law,” etc. By section 636 of the Penal Code it is made a misdemeanor for any person to use or operate any net, trap, line, etc., for the purpose of taking fish in the state of California at any time, or in any manner, except as otherwise provided by part 1, title 15, chapter 1, of the…