Darden

The defendant was convicted in the county of El Dorado of the crime of maintaining a common nuisance in' the town of Diamond in said county, in that he kept a place where intoxicating liquors were bartered and sold. The information charged that said nuisance was maintained from November 1, 1926, continuously “to the present time.” This information was filed June 10, 1927. The defendant entered a plea to this information without interposing any motion to set aside the same on the grounds specified in section 995 of the Penal Code, as said section then stood. Trial was had under this information on the 6th, 7th, and 8th of July, 1927.

Upon a conviction of the defendant, he moved for a new trial and upon denial of that motion and subsequent sentence by the court, defendant appealed from the order of the court denying said motion and from the judgment of conviction herein.

In appellant’s brief but one point is urged for the reversal of the judgment and order of the trial court. Ap pellant claims that as the original criminal complaint herein was filed in the magistrate’s court on “May 31st, 1927,” it was error on the part of the trial court to admit testimonj’- of sales of…