Antonetti

Defendant was jointly indicted with one J. Ruffino for having unlawfully sold intoxicating liquor in violation of the Local Option Law. Ruffino was found guilty and judgment entered that he pay a fine of one hundred and fifty dollars or be imprisoned in the county jail for one day for each two dollars of said fine. He paid the fine and was discharged. When Antonetti was called for trial he moved that the action be dismissed on the same ground as was urged in the case of People v. Knowles (Crim. No. 297,) ante, p. 498, this day decided.

It appears from the bill of exceptions that defendant was subpoenaed to appear before the grand jury of Tuolumne County. We quote from the bill of exceptions:

He was then examined at great length and, concededly, his testimony was used as the basis for the indictment against him.

In all essential particulars the case does not differ from People v. Knowles and the questions presented are the same. Upon the authority of that ease, the order is affirmed.

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on July 26, 1915, and the following opinion then rendered…