Hill

Defendant wasconvicted upon an indictment returned by the grand jury of Inyo County for the offense of selling and furnishing alcoholic liquor to another within the boundaries of certain “no license” territory. This offense is a misdemeanor of which the superior court had jurisdiction. He appeals from the judgment and from an order denying a motion for a new trial.

The first point made by appellant is that the evidence was insufficient to sustain the verdict of the jury. In view of the fact that there is shown by the record to have been some affirmative evidence establishing all of the elements necessary to prove the charge as made against defendant, this court is not permitted to enter upon a review of the testimony for the purpose of forming any conclusion as to which side the weight of evidence might lean. As to all questions of fact it was the province of the jury to make conclusions upon them and with the determination so made we cannot here interfere.

The indictment, in fixing the time of the commission of the offense, contained the allegation that the crime charged had been committed “on or about the 19th day of May, A. D. 1912.” The law under which defendant was…