State v. Johnoff

Appellant was informed against, tried and convicted under the jointist statute, Rem. Comp. Stat., §7328 [P. C. §3179h], and has appealed from the judgment.

The first assignment is that the court erred in its instruction to the jury in defining the words “intoxicating liquor,” for the alleged reason that there was no evidence in the case justifying the giving of the instruction, and that it was therefore outside the issues. The statute says:

“Any person who opens up, conducts or maintains, either as principal or agent, any place for the unlaw ful sale of intoxicating liqnor, be and hereby is…