Mueller

The defendant was convicted of an unlawful sale of alcoholic liquors in “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 and from an order denying his motion for a new trial. It will be necessary to consider but one point arising in the case.

The court below instructed the jury, as a matter of law, that the city of Red Bluff was “no-license territory” by reason of an election held under the Wyllie Act. There was no evidence on the subject. The charge was- that the liquor was sold within the city of Red Bluff, the same being “no-license” territory.

The act provides for the calling of an election in any city or town, or in that part of a supervisorial district not within a city or town, to vote for or against licensing the sale of alcoholic liquors within such territory, and declares that unless the poll at such election shows a majority vote in favor of license, sales of alcoholic liquors within the territory shall thereupon be forbidden and shall be punishable as a misdemeanor. There are certain exceptions not here involved and which it is unnecessary to notice. It appears then, that…