Cassella

The defendant was convicted on two counts of selling alcoholic liquor and on one count of conducting a place where alcoholic liquor was sold, served, and distributed and kept for the purpose of sale and distribution, all contrary to the provisions of the Wyllie law. (Stats. 1911, p. 599). He was sentenced to imprisonment for three months on each of counts one and two, to run concurrently, and to pay a fine of $300 on the third count. The defendant appealed from the judgment and from the order denying his motion for a new trial.

A reversal is asked on two grounds: (1) That the evidence is insufficient to show that the liquor sold or kept for sale contained one per cent or more of alcohol; (2) That the verdict is void for uncertainty.

A witness for the prosecution testified, in support of the first count, that he purchased from the defendant “so-called wine,” at twenty cents a glass and “so-called jackass” at thirty-five cents a glass; that the liquor had a “kick” to it; that he could feel it; that “they called it wine, ’ ’ referring to the so-called wine. ’ ’ In support of the second count the witness testified that he purchased from the defendant two glasses of wine at twenty…