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PEOPLE v. COLE

Docket No. 9571.

226 Cal.App.2d 125 (1964)

37 Cal. Rptr. 798

THE PEOPLE, Plaintiff and Appellant, v. BILLY COLE, Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

April 2, 1964.

Attorney(s) appearing for the Case

Roger Arnebergh, City Attorney, Philip E. Grey, Assistant City Attorney, and William E. Doran, Deputy City Attorney, for Plaintiff and Appellant.

Morgan M. Moten for Defendant and Respondent.

FILES, J.

[1] The sole question presented is whether the suppression of lotteries is a subject which has been preempted by state law so as to render invalid section 43.08 of the Los Angeles Municipal Code. This court has concluded that there is preemption.

In the municipal court defendant was charged with violation of section 43.08 of the Los Angeles Municipal Code in that he "did wilfully and unlawfully have in his possession ... a book, tablet...

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