CHAMBERLAIN, J.
The defendant August Lee Daniel hereafter called the defendant, was charged with being a "common drunkard" in violation of subdivision 11 of section 647 of the California Penal Code, known as the vagrancy statute.
He has never been arraigned. His counsel moved the court to dismiss the action upon the grounds that the court did not have jurisdiction of the matter, and that the statute under which he was charged is unconstitutional. The court...
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