Bosquet

Defendant was informed against in the county of Sacramento, under a statute approved March 31, 1891, entitled, “ An act to prevent the placing or keeping or leaving of married women in houses of prostitution, and to punish persons therefor.” (Stats. 1891, p. 285.) He pleaded not guilty, and upon a trial was convicted. He thereupon moved in arrest of judgment and also for a new trial, both of which motions were denied, and defendant was sentenced to five years imprisonment in the state prison. Defendant appeals from the judgment and from the orders above specified.

The statute above referred to and upon which the prosecution is based reads as follows:

The first point made by appellant for reversal is, that that portion of the statute of March 31, 1891, which permits a conviction of a husband for felony “for conniving at, permitting, or consenting to the placing or leaving of his wife in a house of prostitution” is in violation of section 13 of article I of the constitution, “ in that it deprives a man of his liberty without due process of law. It makes criminal a mere conviction, act, or operation of the mind.”

Section 20 of our Penal Code only enunciated a fam *78 iliar…