People v. Kirk

KERRIGAN, J.

The defendant was charged with having committed a misdemeanor by selling alcoholic liquor contrary to the provisions of what is known as the Wyllie local option law. He was tried, convicted, and sentenced. This appeal is from the judgment and from an order denying defendant’s motion for a new trial.

The principal point made by the defendant for a reversal of the judgment and order is that the trial court erred in refusing to grant his motion to dismiss the prosecution, based upon section 1324 of the Penal Code, which so far as it is applicable to the facts of this case provides in effect that where a witness offending against any of the provisions of the Penal Code objects to testifying against any other person so offending, or failing to so object and the section is not read to him, his testimony shall not be used in any criminal prosecution against him, nor shall he be liable thereafter to prose-' eution or punishment for the offense with reference to which

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his testimony was given, or for or on account of any transaction, matter, or thing concerning which he may have testified or produced evidence.

In this case it appears that the defendant and one AI Meador were separately prosecuted for violations of the provisions of said Wyllie local option law, and it is contended by the appellant that the acts charged against him and Meador were in effect and in fact one transaction, and that he having testified on behalf of the people in the case of

People

v.

Meador

without section 1324 having been read to him, he is, under the provisions of that section, exempt from prosecution in this case. This might be true if the respective sales in which Meador and the appellant were concerned were one transaction; but from the facts in the case it appears that the sales were separate and distinct, and that the testimony given by the appellant in the case of

People

v.

Meador