Nichols

The defendant was indicted, tried, and convicted of the offense of unlawfully selling intoxicating liquors contrary to the provisions of the Wright Act, on or about the twenty-seventh day of April, 1924, at the county of Sacramento, state of California. His motion for a new trial having been denied, he appeals from said order and the judgment pronounced against him in this cause.

It appears that the defendant is the proprietor of a certain roadhouse, known and commonly called the “Rainbow Inn,” situate on the Folsom Boulevard at a point where said boulevard is intersected by the Fair Oaks highway.

As grounds for reversal, the appellant alleges misconduct by the trial court consisting of numerous remarks and questions propounded to various witnesses during the course of the trial; also, that the court misdirected the jury in matters of law.

The testimony shows that on or about the twenty-seventh day of April, 1924, A. O. Baker and W. S. Russell, the prosecuting witnesses in this cause, accompanied by two women, names not disclosed, identification not furnished, went to the roadhouse kept by the defendant, named and known as above stated, had dinner, which had previously been…