Frankovich

The district attorney of Humboldt County filed in the superior court of said county an information accusing the defendants of the crime of maintaining a common nuisance, as said offense is defined by section 21 of the Volstead Act, as adopted by the so-called Wright Act enacted by the legislature and later approved by the people of California under the power of referendum, for the purpose of enforcing within the limits of said state the mandates of the eighteenth amendment to the federal constitution. The defendants Frankovich and White were convicted and the defendant Gutenich was acquitted by the jury of the crime so charged. Frankovich and White have removed the ease to this court by an appeal from the judgment and the order denying them a new trial. They also make an attempt to appeal from the order denying their motion for an arrest of judgment. As has repeatedly been pointed out in the decisions, there is no authority for an appeal from the last-mentioned order, the points raised by a motion in arrest of judgment being reviewable on an appeal from tbe judgment.

The asserted failure of the information to state a public offense, alleged insufficiency of the evidence to…