People v. Smith

Defendant was convicted of the offense of selling intoxicating liquor contrary to the statute in such cases made and provided. He appeals from the judgment only.

On the trial, over the objection of defendant, evidence was introduced showing the commission by defendant of offenses of the same character as that with which he was charged and occurring on separate days from the one specified in the information. This evidence was rebutted by several witnesses on behalf of defendant. A motion by defendant to strike out the testimony to which he had objected was denied by the court. In connection therewith and at the close of the ease, among other instructions, the jury was charged that “that testimony was received, not for the purpose of establishing a separate misdemeanor or offense, but merely as a circumstance indicating what the probabilities are as to whether or not he did make the sale in question. . . . This is, as I say, that testimony as to those other sales or that other sale, is merely for the purpose of helping you determine whether or not he did sell on the fourth day of February.”

In the case of People v. Morales, 45 Cal. App. 553 [ 188 Pac. 58 ], the charge contained in…