Mueller

The defendant was convicted of an unlawful sale of alcoholic liquors in a district which had been declared “no-license territory,” under the provisions of the act generally known as the “Wyllie law.” (Stats. 1911, p. 599.) His appeal is from the judgment of conviction and from an order denying a new trial.

Specifically, the charge against him was that he “did willfully and unlawfully sell alcoholic liquor, to wit: wine, 'to one Sam Stephens, within no-license territory, to wit: in the city of Red Bluff, in said county (Tehama), said wine not having been manufactured on the premises where the same was sold,” etc.

Section 13 of the act declares it to be unlawful for any person, “within the boundaries of any no-license territory to sell, furnish, distribute or give away any alcoholic liquors, except as provided in section 16 ’ ’ thereof. It is not claimed that the case comes within any of the exceptions mentioned in section 16, and they need not he considered.

1. It was not necessary to aver that the wine alleged to have been sold contained one per cent, or more, by volume, of alcohol. The act forbids the sale of “alcoholic liquors” within “no-license territory.” Section 21 reads…