Ex parte Maier

Petitioner was arrested and is held ip restraint under a warrant issued out of the police court of the city of Los Angeles, based on a complaint charging him, under section 626 of the Penal Code, with unlawfully selling on the eighteenth day of December, 1893, at said city, a quantity of deer meat, which meat the complaint alleges “ was then and there by said Simon Maier, cut from the carcass of an entire deer, which said deer had been theretofore brought by said Simon Maier from the state of Texas, in which state said deer had been lawfully killed.” Petitioner asks for his discharge on habeas corpus, upon the ground that the complaint does not state a public offense, and, if that be true, there is no question but that-he is entitled to his discharge in this proceeding. (Ex parte Corryell, 22 Cal. 179 ; Ex parte Harrold, 47 Cal. 129 ; Ex parte Kearny, 55 Cal. 212 .)

Section 626 is one of the provisions of the Penal Code for the preservation and protection of the wild game of this state, and the particular paragraph or subdivision of the section under which petitioner is charged (as amended, Stats. 1893, p./ 280) reads: “Every person in the state of California who shall at any…