Prichard v. State

Section 339 of the Penal Code is as follows: “Other offenses against public justice. Any other offense against public justice, not in this Division provided for, shall be a misdemeanor.” Section 366 of the Penal Code is in these words: “Other offenses against the public peace. All other offenses against the public peace, not herein provided for, are misdemeanors.” The Court of Appeals wishes instruction from this court on the question whether a person is guilty of an offense against public justice or an offense against the public peace, and can be punished as for a misdemeanor under the above…