Arnarez

By an information filed in the superior court on the ninth day of January, 1924, the defendant was charged with the offense of unlawfully and knowingly manufacturing intoxicating liquor for beverage purposes contrary to the form, force, and effect of the statute in such cases made and provided. Thereafter the trial was had on the information and upon the conclusion thereof the jury returned the following verdict:

The matter is now before this court upon the defendant’s appeal from an order denying his motion for a new trial and the judgment of conviction pronounced in pursuance of the verdict herein set forth.

A reference to the Volstead Act, the penal provisions of which were incorporated into the laws of this state, shows that the offense of unlawful possession of intoxicating liquors and the manufacture of intoxicating liquors or sale for beverage purposes are separate and distinct offenses, even though they are so connected that under the procedure admissible to be followed and ordinarily followed in the federal courts, said offenses are set forth in distinct and separate counts and the jury authorized to find the defendant guilty upon the particular count or counts…