Coates

The defendant was charged by information filed in the superior court of Tehama County by the district attorney of said county with the violation of the provisions of section 14 of the local option law, known as the “Wyllie Act,” and upon his trial for said offense was convicted by the jury. He appeals from the judgment and the order denying his motion for a new trial.

The transcript on appeal was filed in this court on the nineteenth day of August, 1916. The defendant has not, however, filed a brief or points and authorities in support of his appeal, nor was he represented by counsel when his cause was regularly called for oral argument in this court. The attorney-general, therefore, submitted the case upon the record.

Section 14 of the Wyllie law provides: “It shall be unlawful for any person, corporation . . . , within any no-license territory, to keep, conduct or establish, as principal or agent, any place where alcoholic liquors are sold, served or distributed, or are kept for the purpose of sale or distribution, except as provided in section 16 hereof; and every day that such place shall be kept, established or conducted shall constitute a separate offense.”

The evidence…