Dial

The defendant was convicted of the crime of misdemeanor committed on the seventh day of March, 1915, in that, according to the information, he did “sell, furnish, distribute and give away alcoholic liquors to another,” etc., within the third supervisorial district of San Bernardino County, that being “no license” territory, established as such by election pursuant to the Local Option Law. (Stats. 1911, p. 599.) We may perhaps assume that he appeals from the judgment, as that is the claim made in his counsel’s brief, although the notice of appeal is defective.

In addition to the testimony of witnesses concerning the transaction occurring on the seventh day of March, when he delivered intoxicating liquor to one L. S. Rooney, the prosecution was permitted, over defendant’s objection, to introduce testimony showing other sales of liquor made by the defendant to persons other than Rooney on the fourteenth day of February and on the twenty-first day of February, 1915. The only error pointed out on behalf of the defendant as a ground for reversal of the judgment consists in the admission of the testimony concerning these prior sales.

We are satisfied that such testimony should not have…