235 P. 735 | Cal. | 1925
The petitioner was charged by a complaint filed against him in the justice's court of the third township of the county of San Mateo, this state, on September 17, 1924, with the violation of subdivision 6 of section
The subdivisions of section
"Sec. 6. Beach-nets. It shall be lawful to use beach-nets (also known as beach-seines or haul-seines) in fish and game districts five, eight, nine, ten, eleven, eighteen, nineteen and twenty-two; provided that in fish and game district five the meshes of any such beach-nets shall measure not less than five and one-half inches in length and that in fish and game districts ten, eighteen and nineteen the meshes of the beach-nets shall measure not less than one and one-half inches in length; *776 and beach-nets shall only be used in fish and game district nineteen between the first day of September and the thirty-first day of January of the year following, both dates inclusive, and for the purpose of taking smelt only.
"Sec. 7. For the purpose of this act, any net hauled from the water to the beach or shore for the purpose of taking fish, shall be known as a beach-net."
Petitioner was tried and convicted in said justice's court upon said complaint and took an appeal to the superior court of the county of San Mateo. The judgment of conviction was affirmed and he makes application to this court for the issuance of the writ of habeas corpus.
It is petitioner's contention that the complaint failed to state a public offense in that it omits to charge that the beach-net or seine was used in any waters of the state or that it was used for any particular purpose. It is argued that for aught that appears upon the face of the complaint the beach-net alleged to have been used may have been used for some purpose of ornamentation or for any one of the many purposes to which it may be made adaptable. There might be some force in this suggestion were it not for the fact that said subdivision 7, section
The writ is discharged and the petitioner remanded.
Richards, J., Shenk, J., Waste, J., Lawlor, J., Lennon, J., and Myers, C.J., concurred. *778