Pagni

The defendant was convicted in the superior court of Sacramento County of the crime of having in his possession a certain quantity of intoxicating liquor for beverage and not for sacramental or medicinal purposes, and he appeals from the judgment of conviction and the order denying his motion for a new trial.

The information, in addition to charging that the accused, in the month of June, 1923, had in his possession intoxicating liquor of the interdicted alcoholic content, set up two alleged prior convictions of the defendant of a like charge, as follows, to wit: 1. That the said Pagni, before the commission of the offense charged in the information was, on the eighteenth day of May, 1923, in the police court, in the city of Sacramento, county of Sacramento, state of California, convicted of having in his possession intoxicating liquor, “suitable for beverage purposes” and of contraband alcoholic content; 2. That the defendant, prior to the “commission of the offense charged in this information, was, on the tenth day of October, 1922, in the United States Dis trict Court, Northern Division, ’ ’ convicted of unlawfully possessing intoxicating liquor of the proscribed alcoholic…