Dueber

The defendant was, by a jury, in the superior court of San Joaquin County, adjudged guilty of violating section 8 of an act of the legislature prohibiting, under certain specified conditions, the sale of poisons. (See Stats. 1907, p. 124; Stats. 1909, p. 422; Stats. 1911, p. 1106; Stats. 1913, p. 692, and Stats. 1915, p. 863.) He appeals from the judgment and the order denying him a new trial.

Section 8 of said act, as amended by the legislature of 1913 (Stats. 1913, pp. 692, 695, supra), provides that it shall be unlawful for any person, etc., to sell, furnish, give away, or offer to sell, furnish, or give away or to have in their or his possession certain specifically named poisons, including cocaine and morphine, or any of the salts, derivatives, or compounds thereof, or any preparation or compound containing any of the “foregoing substances” or their salts, derivatives, or compounds, excepting upon the written order or prescription of a physician, dentist, or veterinary surgeon, licensed to practice in this state, etc. “Such order or prescription, ’ ’ proceeds said section, ‘ ‘ shall be permanently .retained on file by the person, firm or corporation who shall compound or…