Collins

Appellant Collins was convicted of selling alcoholic liqnor in no-license territory in supervisorial district No. 5, county of Tehama, and he appeals from the judgment and the order denying his motion for a new trial. [1] His prosecution was under what is known as the Wyllie Act- (Stats. 1911, p. 599), and one of his main contentions is' that this statute was superseded and rendered inoperative by the National Prohibition Act known as the Volstead Act (Act Cong. Oct. 28, 1919, e. 85, 41 Stat. 305 ), and therefore the conviction was void. In answer to this claim it is sufficient to refer to In re Volpi, 53 Cal. App. 229 [ 199 Pac. 1090 ], and Ex parte Crookshank, 269 Fed. 980 .

[2] There is no merit in the claim that the venue was not shown. Mr. Walker testified that the liquor was obtained of the defendant at his place of business in Gerber and appellant testified that Gerber is in Tehama County. Mr. Ballard, the sheriff, testified that Gerber is in the fifth supervisorial ’ district of said county. In fact, there is no doubt upon this point, and we understand that no serious contention is made that the evidence fails to support the verdict.

Appellant complains that the court…