Clemett

Appeal from judgment of conviction and order denying motion for a new trial.

The defendants, F. E. Clemett, Jessie Clemett, Frank Rathburn and G. W. Poppett, were jointly charged by an' information containing two counts filed against them in the Superior Court of the county of San Bernardino with the violation of the provisions of an act entitled “An act relating to stills and other devices for the manufacture or production of intoxicating liquor for beverage purposes, and providing a penalty therefor. ’ ’ The defendants F. E. Clemett and Frank Rathburn being brought to trial, the jury found Clemett guilty on both counts of the information and acquitted Rathburn of both charges upon the advice of the court to do so, given at the conclusion of the case. The defendant Clemett neither demurred to the information nor moved in arrest of judgment.

The case was taken over after decision by the District Court of Appeal, Second District, Division One, not because we questioned the sufficiency of the evidence to sustain the conviction upon either of said counts, nor because reversible error was pointed out by the petition for hearing upon any ruling made or instruction given or refused by…