In Theresa Enterprises, Inc. v. Davis (1978) 81 Cal.App.3d 940, after discussing the general rule against interference by equity with a criminal trial, the court also discussed and recognized the exception to that rule in cases involving an unconstitutional statute. It then proceeded (a) to hold Penal Code sections 318.5 and 318.6 constitutional (an issue not before us in the present case) and (b) then to hold, on the record before it, that the two establishments therein involved were not theaters.