Rose

The defendant was informed against by the district attorney of Butte County for the crime of violating “an act adopted by the people of the state of California, November 7, 1922, to wit, the state Prohibition Act.” The information is in two counts, the first of which charges that the defendant did on or about the seventeenth day of February, 1923, in the county of Butte, wrongfully, willfully, and unlawfully “have in his possession, and did possess, certain intoxicating liquor, said intoxicating liquor then and there containing more than one-half of - one per cent of alcohol by volume, and said intoxicating liquor being then and there fit for use for beverage purposes,” etc. The second count charges that the defendant had like possession of the same character of liquors on the nineteenth day of March, 1923. The jury found the defendant guilty on both counts and the court sentenced him to pay a fine of five hundred dollars on each of the two counts. Before sentence was imposed, however, the defendant made a motion in arrest of judgment on the ground that the court “has no jurisdiction over the subject of the information and has no jurisdiction whatever over the trial of the subject…