Mullaly

The information herein charges the defendant with the offense of unlawful possession of intoxicating liquor and alleges that prior to the commission thereof he was “duly convicted of the offense of unlawfully having intoxicating liquor in his possession. ’ ’ He admitted the prior conviction and was convicted of the offense charged. This appeal is from the judgment and .the order denying a new trial.

At the time of the alleged offense the defendant was conducting a hotel. On the twenty-third day of February, 192'5, between 8 and 10 o’clock P. M., a deputy sheriff, a constable, and two city marshals duly searched the defendant’s hotel and the premises adjacent thereto. From their testimony it appears that there was a bar in the hotel at which soft drinks were served. There was a tank-house about 15 or 20 feet from the rear of the hotel, and a barn, in which defendant had been keeping his horses, estimated to be from 75 to 150 feet diagonally from the rear of the hotel. In the kitchen they found a flask containing a small quantity of jackass brandy and there was a strong odor of the same kind of liquor in a bucket of water behind the bar and also in some glasses at the same place.…