Girotti

By separate counts in the information the defendant was charged with two unlawful sales of intoxicating liquor, one alleged to have been made on the 18th and the other on the 22d of October, 1923. He was convicted of both offenses and prosecutes this appeal from the judgment and the order denying his motion for a new trial.

L. R. King, a private detective employed by the district attorney, testified that he purchased whisky from defendant as charged in both counts; that on the 22d he arrived at defendant’s store at Merced Falls about 5 or 5:30 o’clock in the evening, not later than 5:30'; that it was “just before sundown. ” The court tabes judicial notice of the fact that the sun set at 5 :18 on that day. King testified that on his arrival at defendant’s store that evening he saw defendant there and purchased liquor from him as stated. C. A. Carter, a detective employed by the district attorney of Mariposa County, testified that he accompanied King to defendant’s place of business on the 22d of October and witnessed the sale of liquor by the defendant to King; that they arrived at defendant’s store about 5 o’clock in the evening, possibly as late as 5 :30. For the purpose of…