Ex parte Maier

Citations

• 103 Cal. 476
• 37 P. 402
• 1894 Cal. LEXIS 805

Syllabus

<p>Criminal Law—Protection oe Wild Game—Sale of Meat of Deer Killed Out of State.—Under section 626 of the Penal Oode, as amended in 1893, it is a misdemeanor to sell, or offer to sell, the meat of any deer, without reference to whether the deer has been killed within or without the state.</p> <p>Id.—Police Power oe State.—It is within the police power of the state, ' in the protection of the wild game of the state, to prohibit the sale of the meat of any wild game within the state.</p> <p>Id.—Interstate Commerce.—A police regulation making it a public offense to buy and sell deer meat within the state, which is cut from an entire - carcass brought from without the state, is not a violation of the constitution of the United States as an attempt to regulate interstate commerce.</p> <p>Id.—Habeas Corpus—Public Offense.—Where the complaint under which a prisoner is held does not state a public offense he is entitled to his discharge upon habeas corpus; but where the complaint states a public offense the prisoner must be remanded.</p>