Ex Parte Roach
Opinion
lead Opinion
Harrison, J.
The petitioner is held by the sheriff of Kings county under a warrant of arrest issued by a justice of the peace of Lucerne township in that county, *274 upon a complaint charging him with having, on the 18th of April, 1894, sold at his saloon in the city of Hanford certain intoxicating liquor, in violation of an ordinance of the board of supervisors of Kings county. The ordinance which the petitioner is' charged with violating is entitled “An ordinance for the purpose of regulation, relating to saloons and other places where intoxicating liquors are sold, given away, or in any manner disposed of,” and makes it unlawful for any person to sell any intoxicating liquor at a saloon between the hours of ten o’clock, p. m., and five o’clock, A. m., of the succeeding day. The city of Hanford is a municipal corporation of the sixth class, organized under the municipal government act of March 13, 1883, and had prior to the 13th of April, 1894, passed an ordinance providing for the [issuance of licenses for the sale of intoxicating liquors. The petitioner had complied with the provisions of this ordinance, and had received from the city of Hanford a license to carry on the business of…