In re Clisham

Citations

• 105 Cal. 674
• 39 P. 37
• 1895 Cal. LEXIS 701

Syllabus

<p>Violation of Municipal Ordinance—Selling Liquor Without License —Defective Complaint—Habeas Corpus.—Under a municipal ordinance requiring a license tax for the selling of liquor in each bar-room, saloon, or other place where liquor is sold, “to be drank upon the premises where sold,” a complaint merely charging the defendant with carrying on “the business of selling liquor,” without referring to a saloon or bar-room, or other place, or alleging that the liquors were to be drank upon the premises where sold, is fatally defective, and will not sustain a commitment for an offense against the ordinance, and a defendant committed under such a complaint will be discharged upon habeas corpus.</p>