Small

We have scrutinized the record here and find nothing that would justify a reversal of the judgment of the lower court. The only question meriting our consideration was appellant’s contention that he was found guilty of and sentenced to imprisonment for a crime not charged in the information.

The information was based on the Emergency Price Control Act of 1942, 50 U.S. C.A.Appendix §§ 902(a), 904(a) 1 and 925 *145 (b), and reads: “* * * That on or about the 5th day of October, 1943, at Redwood City, State of California * * * F. A. Small * * * did wilfully and unlawfully sell to one F. W. Larkin certain distilled spirits, to-wit, 100 cases each of which said 100 cases contained twelve 5th-bottles of Baltimore Club Special Reserve Whiskey, at a price of $46.50 per case, which said price * * * was in excess of and higher than the maximum price established by law, to-wit, $27.00, per case * J|c # >f

The appellant argues that the information charged the unlawful sale and the evidence is admittedly insufficient to support that charge. The offense of offering or attempting to make a sale at a higher price than the maximum established by law is a separate offense, appellant claims, and…