Ex parte Lehmkuhl

Foote, C.

The petitioner was tried before the Police Court of the city of Oakland for a misdemeanor, viz., the commission of a nuisance, in obstructing Broadway, a street of said city.

The judgment was, that he pay a fine of ($2) two dollars, or be imprisoned until said fine be duly satisfied, at the rate of one day’s imprisonment for each dollar of fine. The captain of the police of the city of Oakland has him in custody, by virtue of a writ of commitment issued from the Police Court of said city, under its judgment of conviction as aforesaid.

The only defense which the defendant set up (as he…