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The defendant, a Chinese, was convicted by a jury in the superior court of the county of Yuba of the crime of unlawfully having in his possession, on or about the nineteenth day of March, 1925, a quantity of intoxicating liquor, of the prohibited alcoholic content, such possession not being for nonbeverage purposes, under an information charging said crime and also charging two previous convictions of a like offense, one in the police court in and for the city of Marysville, county of Tuba, and the other in the superior court in and for said county.

A motion by the accused for a new trial upon a number of the statutory grounds was denied, and this appeal is from the judgment of conviction and the order denying the motion for a trial de novo.

The complaint against the result reached below is that the verdict fails of sufficient evidentiary support and that the court erroneously and with prejudice to the rights of defendant admitted certain evidence and also permitted inquiry to be made by the district attorney into a matter having no pertinent relation to the case and which tended to prejudice the accused in the minds of the jurors.

The evidence discloses that the defendant had…