People v. Dal Porto
Opinion
Opinion
Plummer, J.
The defendant, together with one Eugene Ghilardueci and one Victor Genovali, was convicted on an information filed by the district attorney of the county of Stanislaus, on the 14th day of November, 1935, charging the defendants with conspiracy to possess and operate a still for the distillation and production of alcoholic liquors, without the same being then and there registered with the state board of equalization, and upon which no license therefor had been obtained or was applied for from the state board of equalization, etc. Count 2 charges the same defendants with conspiracy to possess and operate a still, without the same being registered or licensed. The information further charges that the defendants proceeded to equip and operate the still in the county of Stanislaus, etc. After conviction the defendant made a motion in arrest of judgment, which was denied, and judgment being pronounced, the defendant appeals to this court therefrom and from the denial of his motion in arrest of judgment.
The record shows that on the night of September 27, 1935, liquor control officers found a still in a barn on property belonging to one Ghilardueci, near Knight’s Ferry in Stanislaus…