Countryman

The defendants were charged by an information containing two counts with a violation of the provisions of the “Still Act” (Stats. 1927, p. 497). The first count charged the possession of a still and the second its operation. All the appellants above named, together with Mike Riley, were tried together before a jury. Frank Countryman was convicted of the possession of a still and Joe D. Countryman and Lige Taylor and Mike Riley were convicted of operating a still.

All of the defendants moved for a new trial, which motions were denied and judgments were imposed.

This appeal is by Frank Countryman, J. D. Countryman and Lige Taylor, the defendant Mike Riley having taken a separate appeal.

The facts, which are practically uncontradicted, are briefly these: During the months of January and February, 1931, P. J. Marcus and wife resided in the city of Oroville, but owned a small ranch near Palmero in Butte County, which was unoccupied. On the place was a dwelling, chicken-house, outbuildings and a small orchard. Early in January, 1931, the defendant Frank Countryman, came to the Marcus home in Oroville and inquired of Mrs. Marcus if the buildings on the ranch were for rent. Mrs. Marcus…