Orsatti

The indictment in this ease was against the plaintiff, in error and one J. R. Johnson. In all it contains 21 counts. Johnson pleaded guilty; and the plaintiff in error not guilty, and was found guilty under all of them.

In substance, the first count alleged that June 5, 1922, Harold H. Dolley was duly appointed by the Commissioner of Internal Revenue an officer of the United States, to wit, as one of his assistants, known and designated as “federal prohibition agent,” •and thereupon qualifying as such; that on the day mentioned he was stationed as such officer at Los Angeles in the capacity mentioned; and that among the duties imposed upon him by the laws of the United, States he was and is required to seek out and arrest persons violating the provisions of the National Prohibition Act, and to procure evidence of such violations, and report the same to the United States attorney at Los Angeles and to the federal prohibition director for the state of California, and to appear in the courts of the United States as a witness concerning such evidence so obtained ; that the said, Dolley and persons acting under his direction had, prior to June 28, 1922, duly and legally placed under…