GLEASON v. MUNICIPAL COURT FOR LOS ANGELES JUDICIAL DIST.

Docket No. 28146.

226 Cal.App.2d 584 (1964)

38 Cal. Rptr. 226

PAUL GRANT GLEASON, Petitioner, v. THE MUNICIPAL COURT FOR THE LOS ANGELES JUDICIAL DISTRICT, Respondent; THE PEOPLE, Real Party in Interest.

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

April 21, 1964.


Attorney(s) appearing for the Case

Litwin & Barouh and Louis L. Litwin for Petitioner.

Roger Arnebergh, City Attorney, Philip E. Grey, Assistant City Attorney, and John F. Haggerty, Deputy City Attorney, for Respondent and Real Party in Interest.


BURKE, P.J.

Petitioner seeks a writ of prohibition restraining the Municipal Court of the City of Los Angeles from prosecuting petitioner for violation of section 41.18 (b) of the Los Angeles Municipal Code, a loitering ordinance, contending such ordinance is invalid in that the State of California, by the provisions of Penal Code section 647, has preempted the field encompassing loitering offenses. The two sections are set forth in the footnote.

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