In re Wong Hane

The petitioner is held in confinement hy the chief of police of the city of Los Angeles under a warrant of arrest issued hy the police judge of that .city upon a complaint'charging him with the violation of a city ordinance, in that he did “ willfully and unlawfully have in his possession, such possession being neither innocent nor for a lawful purpose, a certain tool, device, and paper used and intended to be used in *681 and for the contriving, setting'up, preparing, and drawing a certain lottery.” The ordinance under which the ■complaint is made' is as follows:

The effect of this ordinance is to make proof of the mere possession of a lottery ticket a misdemeanor, and to place upon the defendant the burden of showing that his possession was lawful or innocent. The mere possession of a lottery ticket does not, however, of necessity involve the possessor in a crime. The ticket may be in possession of the court, or of one of its officers, to be used as evidence upon the trial of one charged with ■selling it. It may be in the possession of one who purchased it in a country which recognizes the right to traffic in lottery tickets, and who is merely passing through the city. The…