In re Koehne

Petitioner (hereinafter referred to as “defendant”) seeks a writ of habeas corpus, claiming that he is being illegally restrained of his liberty by the Chief of Police of the City of Los Angeles.

Facts: Defendant was convicted of violating section 41.27-(a) of the Los Angeles Municipal Code, which provides in part: “No person shall be or appear in a state of drunkenness or intoxication upon any public street, sidewalk, highway or alley or in any public park, or in any railroad depot or bus station, or in any public place, or in any place open to the patronage of the public, or in any place open to public view, or in or upon any building or premises or portion thereof which is owned or occupied by any municipality or by any department office thereof, or by any other government or governmental agency or instrumentality, and devoted to any public or governmental use or to the performance of any official business or function, including any premises occupied by the Federal Government but not under the exclusive jurisdiction thereof. ’ ’ (Italics added.)

*648 This is the sole question necessary for us to determine: Has the state adopted a general scheme for the regulation of the…