West

The plaintiff in error, with one McKay, alias Scott, were indicted in five counts for selling certain described intoxicating liquor contrary to the provisions of the National Prohibition Act (Comp St. Ann. Supp. 1923, § 10138(4 et seq.) The first and third counts charged them with having at a certain specified time and place, within the jurisdiction of the trial court, sold such liquor to J. Pickett and J. M. Simmons; the second count charged that at a certain described time and place within the jurisdiction of the court they sold certain described intoxicating liquor to J. M. Simmons; the fourth charged that at a certain described time and place, within the jurisdiction of the court, they sold such liquor to J. Pickett; and the fifth count charged that at a certain time and place, within the jurisdiction. of the court, they knowingly and unlawfully. maintained a common nuisance known as the “Cliff House,” west of the city of Spokane, in which they, at the time and place stated, kept and sold such intoxicating liquor.

Under each of the counts the plaintiff in error was found guilty, upon which the judgment against him in question was entered. The bill of exceptions shows that…