In Re Marley

Petitioner, the proprietor of a meat market, was convicted of a violation of section 12023 of the Business and Professions Code, and sentenced to ninety days in the county jail. The mentioned section provides as follows: “Every person who by himself or his employee or agent, or as the employee or agent of another, sells any commodity, at, by, or according to gross weight or measure, or at, by, as, of, or according to any weight, measure or count which is greater than the true net weight, ... is guilty of a misdemeanor.” Petitioner seeks release through habeas corpus on the ground that the…