Gardner

Defendant Gardner and one Stromberg were charged with the commission of the crime known as “possession of a still”, alleged to have been operated by them for the purpose of manufacturing intoxicating liquor for beverage purposes.

On the trial, after all the evidence had been introduced, through his attorney, defendant Stromberg indicated “that he would change his plea to the court and plead guilty”. Thereupon the trial court found each of the defendants “guilty of the offense charged, to-wit, the possession of a still, a felony”. From the ensuing judgment, as well as from an order by which his motion for a new trial was denied, defendant Gardner has appealed to this court.

It is first urged by appellant that the evidence adduced on the trial of the action was insufficient to support the judgment.

Although not established without contradiction as to each of several important items of testimony, from the record and based upon substantial evidence, it may be assumed that the court believed that on several different occasions the two defendants together called at a real estate office for the ostensible purpose of renting a chicken ranch for the use of defendant Stromberg. As was…