Peterson

Peterson, plaintiff in error, and one Maelhorn were convicted in the commissioner’s court in Alaska upon a complaint charging them with unlawful possession of whisky, commonly called “white mule,” in violation of section 1 of the Alaska prohibition statute ( 39 Stat. 903 , c. 53 [ 48 U.S.C.A. § 261 ]). Peterson was sentenced to nine months in jail and to pay a fine of $900, and upon appeal to the District Court of the Territory of Alaska, he was again convicted. Thereafter he brought writ of error to this court.

The evidence is that the prohibition officers who were in an automobile, met Peterson and Maelhorn in an automobile coming toward them at a point in a narrow road within the townsite of Anchorage. The cars stopped as they could not pass at the point of meeting. The officers got out of their car, and, going toward Peterson, asked what he had, to which Peterson replied: “I have a load.” Peterson’s car had storm curtains on the sides, but the officers testified they could see that there were kegs or barrels between the front and rear seats. Thereupon the officers moved their car to one side, climbed into Peterson’s car, arrested him and Maelhorn, and drove into the town with…