Pozzi

The defendant, by information filed in

the superior court in and for the county of Mendocino, was charged in three different counts with maintaining a common nuisance on three different designated occasions, in that, as the information charges, he wilfully and unlawfully did, on the first day of April, 1927 (first count), on the third day of May, 1927 (second count), and on the twenty-first clay of May, 1927 (third count), maintain “a place, in the city of Port Bragg, Mendocino county, state of California, where intoxicating liquor, to-wit: whiskey and jackass brandy, was kept, sold and bartered, which said whiskey and jackass brandy was then and there fit for beverage purposes, in violation of title 2 of the ‘Volstead Act’ ” [27 U. S. C. A., sec. 4, etc.], contrary, etc. The information is based on section 21 of title 2< of said act, which provides that “any room, house, building, boat, vehicle, structure, or place where intoxicating liquor is manufactured, sold, kept, or bartered in violation of this title, and all intoxicating liquor and property kept and used in maintaining the same, is hereby declared to be a common nuisance, and any person who maintains such a common…