Mehra

The defendant was convicted under an information charging him with wilfully and unlawfully maintaining a common nuisance at a certain building or house numbered 1109 Fifth Street., in the city o£ Sacramento, state of California. From this judgment the defendant appeals and assigns as grounds for reversal the following, to wit:

. We will consider the assignments of error in the order in which they are above set forth. The evidence upon which the defendant was convicted consists of the testimony of two arresting officers, and, in so far as it relates to the offense charged, we set forth the testimony in full. Officer Nelson testified: “I saw the defendant on the 28th day of October, 1924, at about 11 o’clock in the morning; it was at 1109 Fifth Street, City of Sacramento. Officer Balsz went with me. Just as you come off the sidewalk at 1109 Fifth Street—I don’t know whether it is a club room» or dining room, or kitchen, or what you would call it, but Mehra was in there. I asked him where his room was and he told me it was Room Three, in back, and took me back to his room, tyhieh was in the rear of 1109 Fifth Street. He had the key to the padlock that was on the door. Wo searched…