Mattos

The defendant was convicted of the offense of selling intoxicating liquor, contrary to the laws of the state of California, upon an information charging the commission of such offense at a certain building or house situated at 2030' Third Street in the city of Sacramento, county of Sacramento, state of California. The defendant’s motion for a new trial being denied, the defendant appeals from the order denying his motion for a new trial and a judgment entered upon the verdict finding him guilty of the offense charged in the information just referred to. Three points are assigned by the appellant as grounds for reversal herein: first, that the court erred in the admission of testimony; second, that the court erred in its instructions given to the jury, and, third, that the court erred in pronouncing judgment of imprisonment in the county jail, in that the appellant should have been given the right to escape a jail sentence by the payment of a fine.

The testimony in behalf of the People is to the effect that the witness Lohman, accompanied by a man by the name of Reynolds, on the evening of the twenty-eighth day of July, 1923, went to the place of business owned and kept by the…