People v. Newton

THE COURT.

Defendant appeals from a judgment of conviction of the crime of maintaining a common nuisance and from an order denying a new trial.

It was testified that defendant on March 27, 1931, was in charge of a restaurant in Gilroy, and that on that date two sheriff’s deputies entered the place and purchased from him two glasses of whisky and a pint of the same unlawful beverage. The restaurant was then searched and a bottle of whisky was found under the counter, and a larger quantity of liquor in the rear room. It was testified that the defendant admitted the ownership of the restaurant and…