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IN RE MARTIN

Docket No. 9354.

221 Cal.App.2d 14 (1963)

34 Cal. Rptr. 299

In re CHARLES M. MARTIN on Habeas Corpus.

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

October 8, 1963.

Attorney(s) appearing for the Case

Arthur S. Black for Petitioner.

Roger Arnebergh, City Attorney (Los Angeles), Philip E. Grey, Assistant City Attorney, and Frank D. Wagner, Deputy City Attorney, for Respondent.

ASHBURN, J.

Claiming to be unlawfully restrained by the Chief of Police of the City of Los Angeles under a charge of violating section 52.51 of the Los Angeles Municipal Code, petitioner Martin seeks a release upon habeas corpus.

[1a] The contention is that said section is void because the field has been preempted by state legislation.

Sections 52.51 and 52.52 of said Municipal Code read as follows: Section 52.51. "No person shall wear...

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