Blackwell

The defendant Blackwell and one E. N. Weed were jointly charged with the offense of unlawfully selling intoxicating liquor. Blackwell was tried separately and convicted. He has appealed from the judgment and the order denying a new trial.

The defendant was the proprietor of a drugstore at the time of the alleged offense and Weed was one of the employees in the same store. He became one of the principal witnesses for the prosecution under a promise made by the district attorney to dismiss the case against him if he “would testify against Mr. Blackwell.” Weed testified that Mr. and Mrs. Pierce, two informers of the district attorney’s office, entered the store and asked for wine and that the witness spoke to the defendant about the matter, and “I told him they were in there and asked for it, and he asked me if I knew them, and I told him that they were— must be friends of his brother, and he said it was all right”; that thereafter the witness sold Mr. and Mrs. Pierce a gallon of wine for six dollars and immediately informed the defendant of the sale and that the defendant said, “All right.” Mrs. Pierce testified that subsequent to the time at which, she and her husband had first…