People v. Commons

This is an appeal by the People from an order arresting judgment in a criminal case in the Municipal Court. By the terms of section 1452 of the Penal Code, a motion for such an order may be “founded on any substantial defect in the complaint.” The grounds of the motion here were that the city ordinance which defendant was charged with violating was unconstitutional and void for various reasons, and that the complaint was defective in failing to negative certain exceptions contained in the ordinance.

The complaint herein alleged that the defendant, in violation of subdivision (e) of section…