In Re Simmons

The petitioner contends that he is unlawfully imprisoned and restrained of his liberty by the sheriff of Kern County after conviction on a charge of violating an ordinance of the city of Bakersfield on a complaint charging him with the possession of intoxicating liquor containing more than one-third of one per cent of alcohol by volume.

Following the decision of this court in In re Mingo, 190 Cal. 769 [214 Pac. 850], the city of Bakersfield passed an emergency ordinance, No. 165 (New Series), prohibiting the “manufacture, sale, storage, serving, gift, transportation, importation or exportation…