Norcross

The appellants were charged by information with having conspired, combined, and confederated and agreed together to sell, transport, furnish, and deliver, and to have and possess intoxicating liquor, with intent so to do, in violation of the state statute known as the Wright Act; and as overt acts in furtherance of such conspiracy it was alleged that they did on or about the third day of December, 1923, in the county of Los Angeles, sell, furnish, deliver, have, and possess intoxicating liquor, and that the same was willful, felonious, and unlawful. Each of said defendants was also separately charged by another information with having willfully, unlawfully, and feloniously sold intoxicating liquor, contrary to the provisions of said act, and with having maintained a nuisance by keeping a place where such traffic was conducted by them. The three eases were tried together, and the jury found the defendants guilty upon each of said charges.

It is contended that the informations do not contain sufficient facts to constitute offenses, in that it is not alleged that the intoxicating liquor charged to have been sold was for beverage purposes; also that the informations do not…

I concur. The specific grounds of objection which appellants make to the informations are: (1) It is not alleged who the person was to whom the liquor was sold; (2) it is not alleged that the liquor contained more than one-half of one per cent of alcohol by volume; and (3) it is not alleged that the liquor was fit for use for beverage purposes. The standards by which the in-formations are to be tested are furnished by those rules of pleading in criminal actions which are recognized by our state practice as the established rules of this jurisdiction. The Wright Act has adopted the “penal provisions” of the National Prohibition Act, but none of its procedural provisions. When the informations are tested by the rules of pleading established in this jurisdiction, there can be no question as to their sufficiency. The name of the person to whom the liquor was sold is neither descriptive of nor of the essence of the offense charged, and therefore its allegation is not essential. (State v. Freulli, 98 N. J. L. 395 [ 119 Atl. 787 ]; People v. Malone, 68 Cal. App. 615 [ 229 Pac. 1000 ].) As to the objection that there is no allegation that the liquor contained more than one-half of one per…