Frisbie

Defendant was convicted under an indictment charging that he did “willfully and unlawfully furnish, sell, distribute and give away to one Joe Street, a human being, alcoholic liquors, to wit: whisky, ’ ’ in the town of Willows, Glenn County, it being no-license territory.

The only point made by appellant is that the evidence fails to show any violation of the Wyllie Law [Stats. 1911, p. 599], in that it appears that “there was no sale, but, on the contrary, the testimony will show that what was done by Prisbie was a mere act of accommodation on his part in delivering the liquor in question to the state’s witness, Joe Street.” It must be admitted that defendant and Street so testified, but reading between the lines we are impressed with more than a mere suspicion that this contention involves a mere subterfuge, that it was a simulated defense, an afterthought, and the product of a collusive understanding reached upon the suggestion of appellant. Such inference is fairly deducible from this portion of Street’s testimony:

It may be said also that there are some inconsistencies and contradictions in the testimony of these witnesses that cast suspicion upon their explanation of the…