Brenta

By separate counts in the information the defendant was charged with two unlawful sales of intoxicating liquor, one on April 1, 1923, and the other on the 6th of the same month. On his arraignment the defendant entered a plea of guilty to both counts. By the judgment the defendant was sentenced to imprisonment in the county jail for a term of three months on the first count and to pay a fine of $500 on the second count, with the alternative “in default of the payment of said $500 that he be confined in the county jail for the period of one day for each $2.00 of said fine.” Prom the judgment so rendered the defendant appeals.

It is contended that the superior court was without jurisdiction of the offenses charged. Section 29 of title 2 of the Volstead Act ( 41 Stat. 316 ) provides: “Any person who manufactures or sells liquor in violation of this title shall for a first offense be fined not more that $1,000, or imprisoned not exceeding six months.” Section 1425 of the Penal Code invests justices’ courts with jurisdiction of “all misdemeanors punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding six months, or by both such fine and imprisonment.”…