Calvert

The defendant herein was charged and convicted of maintaining a common nuisance and from the judgment of conviction and the order overruling defendant’s motion for a new trial he prosecutes this appeal.

It appears from the evidence that on and for some time prior to November 28, 1925, appellant was conducting a place of business in Sacramento County, ostensibly as a restaurant and soft-drink parlor. That the appellant was so operating and conducting the place of business is sufficiently established by the evidence, it appearing therefrom that the name of appellant was on a sign outside the building and a witness testified that frequently during the year prior to the 28th of November he had seen appellant in and about the premises serving food to the patrons in the restaurant, and particularly is this evidence sufficient in view of the fact there was no evidence offered controverting the fact of management and control other than, of course, the presumption of innocence, raised by the plea of not guilty.

About two weeks prior to the day in question a deputy constable saw men and women going into the restaurant or cafe and upon looking through the window saw defendant serve a man…