Fuller

The defendant was convicted under an indictment charging him with wilfully and unlawfully maintaining a common nuisance at a certain house or building, numbered 1417 Twenty-second Street, in the city of Sacramento, county of Sacramento, state of California. From the judgment of conviction and the order denying his motion for a new trial the defendant appeals and assigns as grounds for reversal, to wit:

This case was submitted upon the briefs filed in the case entitled, The People etc. v. Mehra, ante, p. 162 [ 238 Pac. 802 ], wherein the same questions were-involved, and it will therefore suffice to réfer to the said opinion for the authorities cited and upon which the opinions in that case and in .this case are founded.

Conviction was had in this case upon the following testimony: T. W. Pearson, a police officer, testified as follows: “On the 8th of October, 1924, I visited the premises known as 1417-22nd street in the City of Sacramento, County of Sacramento, State of California. I went there about 9 P. M. I was accompanied by Officer Babayco. The build ing is a two-story dwelling situate on the corner adjoining an alley on 22nd street. We entered the building that evening. We…