Phillips v. Municipal Court

McCOMB, J., Dissenting.

I dissent. In my opinion section 647a of the Penal Code attempts to make actions inherently innocuous, public offenses, an attempt that may not be successful. (Territory of Hawaii v. Anduha, (1931) 48 Fed. (2d) 171.) As I view the instant case the holding in the majority opinion is contrary to the rule of law indicated by Mr. Chief Justice Beatty in the case of In the Matter of Williams, 158 Cal. 550 [111 Pac. 1035], and is in conflict with the law as announced by the District Court of Appeal in the recent case of In re Harder, 9 Cal. App. (2d) 153 [49 Pac. (2d) 304],

A petition by respondent to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on March 17, 1938. Houser, J., voted for a hearing.