Masolini

The defendant was convicted of the offense of unlawful sale of intoxicating liquor. The information charged a prior sale and conviction, of which the defendant pleaded guilty, but interposed a plea of not guilty to the offense charged as the basis of this action. The appeal is from the judgment of conviction.

As a cause for reversal the appellant alleges that the trial court erroneously admitted testimony prejudicial to the defendant, brought out by the district attorney upon crossexaminatiofi.

The record shows that a deputy sheriff of Mendocino County and another person named Weger employed a man by the name of Harry Johnson to go to the place of business, to wit, a restaurant kept by the defendant, and solicit the purchase of intoxicating liquor. Johnson was provided with “marked” money, and before going to the place of business of the defendant was searched by the deputy sheriff to determine positively that he, Johnson, had no intoxicating liquor upon his person. Johnson went to the place of business of the defendant and there purchased drinks of whisky and also some ginger ale. While Johnson was engaged in this act, Weger and Fisk appeared upon the scene and arrested the…