Ramirez

By information duly filed, the defend ant was convicted of the crime of violation of the State Poison Act, a felony, committed as follows:

Defendant appeals from the judgment, and from an order denying his motion for a new trial. The so-called State Poison Act is a statute enacted in the year 1907 and amended at subsequent legislative sessions. The particular act alleged to have been committed by the defendant is forbidden by section 8 of that statute as amended in the year 1927. (Stats. 1907, p. 124; Stats. 1927, p. 106.) The statute is also contained, as Act 5994, in Deering’s General Laws, 1923 edition. (See Deering’s Consolidated Supplement of 1927, p. 1724, for said section 8, as now in force.) Section 8 reads in part as follows: “It shall be unlawful for any person ... to sell, furnish, or give away . . . flowering tops and leaves of . . . Indian Hemp ...” excepting upon the written order and prescription of a physician, etc. The fact that defendant made a sale of the prohibited article, as charged in the information, was established by the evidence. The article in question is known by the common name of marihuana. The principal ground of appeal is that' the evidence of the…