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188 Cal. 799

207 P 516

In Re Ajuria

California Supreme Court

Decided May 22, 1922

California Supreme Court · decided 1922-05-22

Relies on 53 Cal. App. 229 - In Re Volpi · 55 Cal. App. 461 - People v. Capelli · 53 Cal. App. 792 - In Re Kinney

Good law ✅— No negative treatment on recordhow we know

Decided 1922-05-22

How this case has been cited

Cited by 8 later decisions — most recently January 1968

8 state decisions

3019221930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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THE COURT.

¶1 The petitioners are imprisoned after conviction upon a charge of violating an ordinance of the city of Marysville declaring it unlawful for any person to have in his possession any intoxicating liquors.

¶2 The complaint on which they were convicted is not presented to us and we must therefore presume that it sufficiently charges the offense. We have, heretofore, had similar attacks made upon local ordinances of this character and our decisions therein are against the petitioners on all the points presented in this case with relation to the *800 validity of this ordinance. (See In re Polizzotto, ante, p. 410 [205 Pac. 676]; People v. Collins, 54 Cal. App. 531 [202 Pac. 344]; People v. Capelli, 55 Cal. App. 461 [203 Pac. 837]; Ex parte Kinney, 53 Cal. App. 792 [200 Pac. 967], and Ex parte Volpi, 53 Cal. App. 229 [199 Pac. 1090].)

¶3 The claim that the judgment is void because the intoxicating liquor was found on the premises without previously having obtained a search-warrant for the discovery thereof is answered by the decision in People v. Mayen, ante, p. 237 [205 Pac. 435], On the authority of these cases the petition is denied.

¶4 Shaw, C. J., Wilbur, J., Shurtleff, J., Lawlor, J., Sloane, J., and Lennon, J., concurred.

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