Newton

This is an appeal from a judgment of conviction and an order denying a motion for a new trial in an action wherein appellant was found guilty of having made an unlawful sale of intoxicating liquor and was sentenced to pay a fine or in default of payment thereof to be imprisoned in the county jail. The assignment of errors includes rulings on the admissibility of evidence, comments made by the court during the progress of the trial, and the giving of certain instructions to the jury.

The conviction was obtained on the testimony of a man named Narducci and two women named Morehouse and Davis. Narducci was an undercover agent employed by the sheriff to detect violations of the liquor law. He was operating with a man named Jodan, the latter being a half-brother to the women. By appointment they all met at the home of one of the women in San Jose, and about 4 o’clock in the afternoon motored to Gilroy, arriving there about 6 o’clock, going immediately to a cafe where they dined and drank wine until 10 o’clock. Then they proceeded back toward San Jose, but at San Martin they stopped at a place called Brown’s Service Station, and entered a building adjacent to the gasoline station which…