Epperson

Defendant was convicted, in the superior court of Tehama County, upon an information which charged that he “did willfully and unlawfully sell and furnish to one C. H. Tolley, whisky, an alcoholic beverage containing one per cent or more by volume of alcohol,” in the city of Red Bluff, which was then and there “no-license territory.” From a judgment imposed upon him of imprisonment in the county jail, defendant appeals.

The first point made by appellant is that the information charges two separate and distinct offenses, to wit, “selling whisky” and “furnishing whisky,” which should have been separately stated. This point was raised upon demurrer to the information, by a motion that the district attorney should “set out his separate counts,” by a motion that the district attorney should elect which of the two charges defendant would be tried upon, upon a motion for a new trial and by a motion in arrest of judgment.

It is further claimed that- the court erred to the serious detriment to the substantial rights of the accused in its action in giving and refusing to give certain instructions.

The facts need not be stated in detail, it being sufficient to say that the defendant was…