People v. Ways

Me. Justice del Toso

delivered the opinion of the court.

Juan B. Ways was convicted on a charge of the commission of a breach of the public peace and sentenced to pay a fine of two dollars, or to one day’s imprisonment for each dollar not paid. He appealed from that judgment to this court. There is no bill of exceptions nor statement of the evidence. The only question raised is the fundamental one *312that the facts alleged in the complaint do not constitute a public offense.

The pertinent part of the complaint reads as follows:

“The aforesaid defendant, Juan B. Ways, unlawfully, maliciously,…