Nolan

Defendant was convicted of the crime of selling alcoholic liquor in no-license territory, upon indictment found by the grand jury of Mendocino County. He appeals from the judgment of conviction and from the order denying his motion for a new trial. The charging part of the indictment is that defendant, “within the boundaries of the Fourth Supervisor District of the said county of Mendocino, and outside the corporate limits of any city or town,” at the hour of 8 o’clock P. M., on April 17, 1916, “did then and there willfully and unlawfully sell, furnish, and distribute alcoholic liquor to one Emil Baro'ni said supervisor district being then and there no-license territory under the law of the state of California, contrary,” etc.

The prosecution introduced several witnesses whose testimony tended to establish the truth of the charge and, when about to close for the people, the following appears in the record: “Mr. McCowen (after consulting with attorneys for defendant): It is stipulated that. Mendocino City is in the fourth supervisor district, that it is not an incorporated town and that the fourth supervisor district is no-license territory. Mr. Gibson (attorney for defendant):…