In Re Murphy
California Supreme Court
• HABEAS CORPUS in the Supreme Court to the sheriff of the county of Solano, to test the validity of a conviction under an ordinance of the city of Vallejo, in the Justice’s Court of Vallejo Township. O. B. Genty, Justice of the Peace. The facts are stated in the opinion of the court.
1Opinion of the CourtTemple, J.
Petitioner was convicted of the offense of gambling, which is prohibited by an ordinance of the city of .Vallejo.
The first point made by petitioner is that the ordinance is void, because in conflict with section 330 of the Penal Code, which prohibits and declares to be misdemeanors certain specified games of chance and all banking and percentage games. The ordinance mentioned no particular game, hut provides that “every person who, within the city of Vallejo, deals, plays, or carries on, opens, or causes to he opened, or who conducts, either as owner or employee, whether for hire or not, any…
2Cited by23 opinions
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