Ruiz

Upon an information containing two counts defendant was convicted of a violation of sections 13 and 14 of the Wyllie local option law (Stats. 1911, p. 599). He appeals from the judgment and an order denying his motion for a new trial.

The first count of the information charged that the defendant, “on the twelfth day of August, one thousand nine hundred and eighteen, at the said county of Inyo, state of California, . . . and within the boundaries of no-license territory, did then and there willfully and unlawfully sell, serve, and distribute alcoholic liquors to Oliver Roberts, ’ ’ etc. The second count charged that defendant, on the same day, “at the said county of Inyo, state of California, . . . and within the boundaries of no-license territory, did then and there willfully and unlawfully keep and conduct a place where alcoholic liquors were then and there kept for the purpose of sale and distribution, ...” Appellant attacks both counts, claiming that in neither count are sufficient facts stated to constitute a public offense, and hence his objection to the reception of any evidence in support thereof should have been sustained. Appellant insists that each count of the…