Pilbro

On the eighth day of March, 1927, an information was filed in the superior court of the county of El Dorado accusing the defendants Charles Pilbro and Frank X. Walsh of the crime of wilfully and unlawfully manufacturing intoxicating liquor, etc., in said county. Both of the defendants, upon trial, were convicted. The defendant Walsh interposed a motion for new trial, which motion was denied, and thereupon said defendant appealed to this court from the order denying his motion for a new trial and from the judgment entered against him in said cause.

No contention is made that the evidence is insufficient to warrant the verdict of the jury, and an examination of the record shows that no such contention could be reasonably urged. We are presented upon this appeal with certain alleged errors relative to the order of the court denying the appellant’s motion for a separate trial, errors in the impanelment of the jury, and errors in the admission and in the argument of counsel for the People made to the jury.

The record on appellant’s motion for a separate trial shows the following: That on the eighth day of March, 1927, the appellant served a notice in these words (omitting the title)…