onality of the statute or ordinance on which the prosecution is based may be deter- mined as readily in the crimin as in a suit for an i nction. & Farnum Mfg. Co. [City of Angeles, 189 U.S. [23 S.Ct 498, 47 L.Ed. 778) ; Fenner v. Boykin, 271 U.S. 240 [46 S.Ct. 492, 70 L.Ed. 927]. Where the threatened pros