Johnstone

This is a writ of error to review a judgment of conviction under the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138% et seq.). The court below denied a motion to suppress certain testimony, admitted testimony over objection, and refused a request for a directed verdict of not guilty. Upon these several rulings, error is assigned.

The testimony on the part of the government tended to show that a sale of intoxicating liquor was made to a federal prohibition agent in room 3 of the Ottawa Hotel, in the city of Seattle, at about 3:30 in the afternoon of December 30, 1922, and 'that payment for the liquor was made to the plaintiff in error; that a second sale was made to the same agent by the plaintiff in error, in person, about 6 o’clock of the same day, in the same room; and a third sale about half an hour later. At the time of the last sale the officer placed the plaintiff in error under arrest and seized the bottle of liquor and the glasses in which the liquor was served. The motion to suppress described the property as certain intoxicating liquors, certain serving glasses, and certain books of account. The only liquors or glasses received in evidence were the liquor…