Collins

People v. Collins

Good Law
102 Cal. App. 527·1929 Cal. App. LEXIS 177·283 P. 129
Court of Appeal of CaliforniaDecember 11, 1929Docket No. 9.California1,750 words

Opinion

Lead Opinion

Sloane, J.

This is a criminal action brought in the county of San Bernardino against the defendant Joe Collins on the charge of maintaining a common nuisance under the Volstead Act.

The information charges that the said Joe Collins, on or about the twenty-sixth day of May, 1929, and prior thereto, in the said county of San Bernardino, state of California, did wilfully and unlawfully maintain a common nuisance, to wit, a certain building located in the city of Needles, in said county and state, where intoxicating liquors were unlawfully kept and unlawfully sold and kept for sale, said intoxicating liquor containing one-hal'f of one per cent or more of alcohol by volume and being fit for use for beverage purposes. Defendant was found guilty and convicted before a jury, and the appeal was taken from the judgment rendered on the verdict and from the order of the court, denying defendant’s motion for a new trial.

Appellant assigns as grounds for reversal of the judgment and order of the court:

The point made as to the insufficiency of the information is that it does not sufficiently designate and describe the premises where the nuisance in question is alleged to have been maintained. It is…

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