Avila

defendant was convicted of the offense of unlawfully having in his possession intoxicating liquor and sentenced to pay a fine of six hundred dollars, this being a second offense. The information charges the commission of the offense on or about the twenty-third day of May, 1925. The information also contained a second count charging the offense of .maintaining a nuisance. This count, however, was dismissed. Upon this appeal the appellant urges two specific errors as grounds for reversal: 1. That the court erred in refusing certain instructions requested by the defendant ; 2. That the court erred in admitting evidence of a prior search of the premises occupied by the defendant. The evidence in the case tended to show that the place of the commission of the offense was occupied by the defendant as his private dwelling. The intoxicating liquor for the possession of which the defendant was prosecuted was found in the bathroom of the premises occupied by the defendant, contained in a jug wrapped with a newspaper and concealed behind the bathtub in the bathroom. [1] The instructions requested by the defendant and not given by the court are as follows:

The reasons assigned for the…