Hogel

The defendant was convicted of the offense of maintaining a nuisance by having in his possession a jug containing about a gallon of intoxicating liquor at a certain building or house occupied by him at No. 714 in the alley between M and N Streets, in the city of Sacramento, and appeals from the judgment of conviction. The evidence in this case shows nothing further than the mere possession of the liquor referred to, and upon the authority of the case of People v. Mehra, ante, p. 162 [ 238 Pac. 802 ], and People v. Fuller, ante, p. 183 [ 238 Pac. 809 ], it must be held that the evidence is insufficient to sustain a prosecution for the alleged offense of maintaining a nuisance. The instructions in this ease are identical with the instructions held erroneous in the cases to which we have referred and the same ruling must be had here. The plea of once in jeopardy was also interposed, upon which appeal the same ruling must be had as in the cases to which we have referred. In this ease no demurrer was interposed to the sufficiency of the information to charge the offense of maintaining a nuisance, and while it is apparent that the crime of maintaining a nuisance is not charged in the…