Ex Parte Frank

By the Court, Crockett, J.:

The petitioner having been convicted of a misdemeanor for the violation of what is known as the “ Sample-Sellers’ Ordinance ” of the City and County of San Francisco, and being restrained of his liberty upon process issued upon the judgment of conviction, is before us on a writ of habeas corpus, and claims that he is entitled to be discharged from custody, on the ground that the ordinance is unconstitutional and void.

The ordinance in effect provides that any person who, in the City and County of San Francisco, shall sell, or contract to sell, or cause to be sold, or…