Calvert

The information charges that on or about March 29, 1928, Thomas Calvert, Arnold Calvert, Carl A. Calvert, Anthony Pimentel, and Frank Smith did “unlawfully, willfully and feloniously possess and have in their control a still, which was then and there designed, used and intended for use in the manufacture of intoxicating liquor for beverage purposes, to-wit: whisky sometimes called jackass brandy, then and there containing one-half of one per centum and more of alcohol by volume.” Pimentel pleaded guilty and was released on probation. The other defendants were tried together. Smith was acquitted and the three Calverts were found guilty. They moved for a new trial, which was denied, and this appeal is from the judgment and the order denying a new trial.

John J. and Frank Alameda are the owners of 140 acres of land near Cordelia, in Solano County. They leased the buildings thereon to a man named Jack Burns for a period covering the time of the alleged offense. About 11 o’clock in the forenoon of March 29, 1928, three peace officers went to the Alameda place and in an open shed thereon they discovered a still in operation, discharging alcohol into a wash boiler, Pimentel being in the…