People v. Cassella

The defendant was convicted on two counts of selling alcoholic liquor and on one count of conducting a place where alcoholic liquor was sold, served, and distributed and kept for the purpose of sale and distribution, all contrary to the provisions of the Wyllie law. (Stats. 1911, p. 599). He was sentenced to imprisonment for three months on each of counts one and two, to run concurrently, and to pay a fine of $300 on the third count. The defendant appealed from the judgment and from the order denying his motion for a new trial.

A reversal is asked on two grounds: (1) That the evidence is…