Petrovich

The defendant was tried and convicted on an information charging him with having on or about the third day of July, 1923, in the county of Sacramento, state of California, unlawfully sold two bottles of wine contrary to the provisions of what is commonly known as the Wright Act of the state of California (Stats. 1921, p. 79). The defendant’s motion for a new trial being denied, he prosecutes this appeal therefrom and also from the judgment of conviction in said cause.

As grounds for reversal the defendant alleges improper admission of testimony, erroneous instructions and illegality of sentence.

The testimony introduced by the People is to the effect that the two bottles of wine were sold by the defendant at the time stated, at his place of residence, to wit, 500 Q Street in the city of Sacramento. It appears that the witness Horstmeyer, a police officer of the city of Sacramento, who was acquainted with the premises and had visited the same prior to the third day of July, 1923, went to the defendant’s residence at about the hour of 9- P. M. on the day in question and personally solicited of the defendant the purchase of two bottles of wine. The witness and the defendant went…