Emmons

The defendants herein are charged, in three counts, for the possession and transportation of liquor and the maintenance of a nuisance. The evidence shows that they were arrested in two automobiles, as they went onto the ferry aeross San FranciseG Bay. The automobiles were loaded with cocktails and whisky. At the conclusion of the evidence, a motion was made to instruct the jury to acquit upon the nuisance count.

The statute (National Prohibition Act, tit. 2, § 21 [Comp. St. Ann. Supp. 1923, § 10138%jj]) 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 he a common nuisance. * 4 * ” I think it may be fairly said that, within the meaning of that section, an automobile cannot- be considered a “place”' where liquor was either “manufac- *504 fared, sold, kept or bartered.” The only possible way, therefore, in which'an auto-’ mobile could be brought within the terms of that section, is contained in the word “vehicle.”

Section 26 (Comp. St. Ann. Supp. 1923, §…