Does section 407 of the Criminal Code apply only to breaches of the public peace?

California, United States of America

The following excerpt is from Bacon, In re, 240 Cal.App.2d 34, 49 Cal.Rptr. 322 (Cal. App. 1966):

Appellants, citing the case of People v. Kerrick, 86 Cal.App. 542, 261 P. 756, urge that section 407 applies only to breaches of public peace and that the public peace was not breached in the instant case. As we read Kerrick, however, it was concerned with the second portion of section 407, namely, the doing of a lawful act in a violent, boisterous, or tumultuous manner. This case thus does not furnish authority for appellants' contention that section 407 applies only to situations involving a breach of the public peace.

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