Haacke

The defendant was charged by indictment by the grand jury of the county of Mendocino with the crime of selling alcoholic liquor in no-license territory. He was thereupon duly tried and convicted of the offense charged. He moved for a new trial, which motion was denied, and he was thereupon sentenced to pay a fine of five hundred dollars and to imprisonment in the county jail for a term of six months. Defendant prosecutes this appeal from the order and the judgment.

But two points are urged by appellant: (1) That the court erred in overruling objections to the admissibility of evidence, •and (2) that the court was guilty of misconduct, in that it made a statement to the jury which had the effect of thereafter bearing improperly upon their verdict.

Briefly, the facts appear as follows: It being suspected that defendant Haacke was “blind-pigging,” one William Lair was employed by Mr. Vann, the constable, to purchase liquor from defendant. Two bottles, securely wrapped in newspaper, of what was supposed to be wine and sold as such were purchased and promptly turned over to Mr. Vann. This occurred on July 23, 1916. Vann placed the bottles, just as he received them, in a trunk at his…