People v. Joe Joy
Opinion
lead Opinion
Burnett, J.
Defendant was convicted of the offense charged as follows: "The said Joe Joy, of Woodland, on or about the 20th day of October, 1915, and within the boundaries of the city of Woodland, county of Yolo, state of Cali fornia, then and there being, did then and there willfully and unlawfully furnish, distribute and give away alcoholic liquors, and the said city of Woodland then and there being an incorporated city and no-license territory,” etc.
It is not disputed that said city constitutes no-license territory, and that the prosecution was had under section 13 of Statutes of 1911, page 602, providing that “It shall be unlawful for any person, corporation, firm, company, association or club, as principal, agent, employee or otherwise, within the boundaries of any no-license territory to sell, furnish, distribute or give away any alcoholic liquors except as provided in section 16 hereof.”
The principal contention of appellant is that said statute and also the information filed by the district attorney are broader than the title of said act permits, and, therefore, unwarranted in and to the extent that each contains the word “furnish.”