Gusti

C.Section 397 of the Penal Code, as ¡amended in 1893, provides: “ Every person .... who ■sells or furnishes, or causes to be sold or furnished, intoxicating liquors to any Indian, is guilty of a felony.”

An information was filed against the defendant, which charged as follows: “The said N. Gusti, on the twentieth day of April, A. D. 1895, at and in the county of Sonoma, state of California, did willfully, unlawfully, and feloniously furnish, and cause to be furnished, intoxicating liquor, to wit, wine, to an Indian, to wit, Molinda Dugan, contrary to the form, force, and effect of the statute,” etc.

A demurrer to the information was interposed upon the ground that it charged two offenses, to wit: “ The offense of furnishing intoxicating liquor to an Indian, and the offense of causing to be "furnished intoxicating liquor to an Indian.”

The court below sustained the demurrer, and ordered the district attorney to file a new information. This he declined and failed "to do for more than thirty days, and thereupon the court ordered that the defendant be discharged, and his bail exonerated.

*179 From the judgment on the demurrer and the order discharging defendant the people…