Lambert v. Municipal Court

PETERS, J.

By this petition appellant seeks a writ of prohibition from the superior court directed to the Municipal Court of the Los Angeles Municipal District, restraining that court from proceeding with her trial on charges of violating sections 52.38 to 52.43 of the Municipal Code of the City of Los Angeles. The enumerated sections comprise a criminal registration ordinance, and are the identical sections held to be unconstitutional in the ease of

Abbott

v.

City of Los Angeles, ante,

p. 674 [3 Cal.Rptr. 158, 349 P.2d 974] (L. A. 25657) decided today.

Appellant was originally tried and convicted in the respondent court for failure to register under the provisions of the ordinance, and her conviction was affirmed by the ap

[691]

pellate department of the superior court. The United States Supreme Court granted certiorari. In

Lambert

v.

California,

355 U.S. 225 [78 S.Ct. 240, 2 L.Ed.2d 228], that court reversed that conviction on the ground that Lambert was denied the opportunity to prove lack of knowledge of the requirement to register. The United States Supreme Court expressly refrained from passing upon appellant’s claim that the statute was unconstitutional

per so,

leaving that question for the determination of the state courts.

After remand from the United States Supreme Court, the municipal court (respondent herein) ordered a new trial. Thereupon appellant filed the instant petition for prohibition, urging that the ordinance is unconstitutional

per se

in several respects. She also contends that the decision of the United States Supreme Court bars further trial in her ease. Because of our determination on the question of constitutionality, the latter point has become moot.