Jones

The information herein charges two offenses. The first count charges an unlawful sale of intoxicating liquor on the twenty-first day of September, 1925, and a previous conviction, on the eighth day of May, 1924, of an unlawful sale. The second count charges that the defendant, on or about the seventeenth day of October, 1925, maintained as a common nuisance a place where intoxicating liquor was unlawfully kept and sold. He admitted the prior conviction, but pleaded not guilty to the charges of unlawful sale and maintenance of a. nuisance. He was convicted of both offenses and prosecutes this appeal from the judgment and the order denying a new trial.

The evidence against defendant is strong and convincing. Three witnesses, one a township constable, testified that they went together to defendant’s home on the twenty-first, day of September, 1925, and that he there furnished them intoxicating liquor, which they drank on the premises, and also sold them three bottles of liquor. Three other constables testified that they searched the defendant’s premises on the seventeenth day of October, 1925; that they “heard a racket in the house” as they entered the gate; that in the house they…