Shermet

Petitioners, disappointed in their endeavor to put a stop to a prosecution against them on a misdemeanor charge, have appealed from the judgment discharging their alternative writ of prohibition and denying them a peremptory writ. We must take care, as we consider the contentions made, to remember that the question before us is not that to be decided in the misdemeanor prosecution, but that presented by this proceeding which would put a stop to the prosecution. We are persuaded that, whatever the fate of the prosecution may be, it has not been made to appear that it should not go on, and we are affirming the judgment putting an end to the attempted prohibition.

The legislative enactment upon which the prosecution rests is variously referred to throughout the record. It appears as an exhibit attached to points and authorities presented by petitioners’ attorney. This exhibit is captioned: “See. 43.01. Gambling—Dice Shaking” and begins with this recital:

Following this recital we have:

We will find, in our record, no other reference to “Ordinance No. 36674” but references to it, nevertheless, by these designations: “section 43.01, Los Angeles Municipal Code” and “section 43.01.1,…