Tomasovich

The defendant, under an indictment returned by the grand jury of the county of Sutter, was tried for and convicted of the violation of certain provisions of an ordinance of the said county penalizing the “sale, manufacture, unlawful possession or transportation of intoxicating liquors” within the limits of said county. Said ordinance, which was introduced in evidence, and which was regularly passed by the board of supervisors of the county of Sutter on the eighth day of March, 1921, is in its provisions fashioned after the law passed by Congress to enforce the inhibition of the eighteenth amendment of the federal constitution against the sale, transportation, and unlawful possession of intoxicating liquors, and known as the “Volstead Act” ( 41 Stat. 305 ).

The appeal is from the judgment of conviction and tho order denying defendant’s motion for a new trial.

The verdict is assailed on a number of different grounds, which may be stated as follows: 1. That there was error, prejudicial to the rights of the accused, in the order denying defendant’s challenge of Juror Noyes for cause; 2. That the court, of its own initiative, improperly interfered with and thus curtailed the…