*1 260 1, One. Nov. No. 4568. Second
[Crim. DIGIURO, Corpus. Habeas In re on GUY for Petitioner. Frank Desimone Redwine, As- Attorney, Donald M. Ray Chesebro, City L. City Nielsen, Deputy Attorney, Leland City C. sistant Respondent. Attorney, for municipal in Petitioner was convicted
DORAN, J. by municipal ordi register as failing to court of persons” certain “convicted which nance jail. appears days 180 It sentenced to register reregister registered but did not petitioner had Petitioner, had been convicted of residence. attempting pass cer passing federal court obligation falsely made, forged and counterfeited tain Reserve Note.” America, to-wit: a Federal United States of “Any part person who, provides in subse quent January 1, 1921, has or hereafter is convicted been felony “punishable of an offense as the State Califor any been or is hereafter convicted of nia, or who has offense, California, place other than the State of California, pun if would have been committed the State felony etc., as a shall with chief of ishable ...” police. was con that the offense which is contended
It felony only to viola act amounts victed is not a because the for which, Penal Code the first tion of only misdemeanor, offense, punishable as a hence does points Respondent however come within the ordinance. out *2 the act is a violation of section of the Penal Code also felony. which is a that where an act It is well settled may is punishable under or of the code it be two more sections prosecuted under either. But that fact which consti indispensable alleged an tutes element the crime not in of is complaint. complaint cluded the Moreover the does not allege petitioner anything. was ever “convicted” of The mere failure to is not violation.
contains numerous acts, conditions and the existence of either necessary one or of more which are also to constitute the of elementary, fense. It is indeed the Constitution of the United provides, States that the accused shall be “informed of the nature and of (6th cause the accusation” Amendment). More over, section 952 of the Penal Code recites that the accused is entitled to alleged of statement the offense “words give sufficient to the accused notice of the offense of which he is accused.” All that complaint alleges the peti is that the “being tioner person required register,” to regis failed to ter. The expression, “being person required register,” to obviously merely is Why a conclusion. was re defendant quired register, to gravamen is the of the offense, is not alleged. pleading Such a far falls elementary short of the requirements as noted above. Objections to sufficiency the complaint the and to the introduction evidence grounds on the that the com- plaint “did not state facts sufficient to constitute a public offense” were made at the commencement of the trial and overruled. The objections same were reviewed at time the judgment pronounced and denied. The granted writ is and it is ordered that be discharged.
White, P. J., and Drapeau, J., concurred. petition
A for a rehearing was denied November 15, 1950, and the opinion was then rendered: application
THE COURT In the for a it rehearing, is argued alleges that the accusation is sufficient because it register under required the “being person to defendant,
the Angeles of the Los to inclusive provisions 52.38 52.43 of See. residence, stopping changed place of Municipal his who, Code unlawfully fail quarters, wilfully and place living did notify Chief of the 48 hours after such within place stopping residence, his new Police of the address same de- quarters manner and with the living same the filing original in the of the tailed information as code.” 52.39 of said- of See. provisions under the statements complies with It is contended that this alleged com- that the The latter section Penal Code. particu- charged, forth with such plaint set “the offense de- property as enable time, place, person lars of distinctly the character fendant to understand may inbe complaint” or “it complained and to answer the describing offense.” This sec- the words of the enactment equivalent 952 of the Penal tion, effect, is the of section far Code, although perhaps specific. complaint more The falls elementary requirements. short of these corpus available It is also contended that habeas 4b of article circumstance, citing numerous Section cases. *3 Constitution, I, VI of the and article California authority the United States Constitution determine duty regard corpus. of the courts with to habeas 17546. No. Second Two. Nov.
[Civ. Department WORKS, THE ex PUBLIC PEOPLE rel. Defendants; Respondent, al., v. E. et LE- J. AUMAN al., Appellants. LAND D. O’CONNELL et