Nunn

Writ of error was sued put by defendant below to review a judgment of conviction under the following information: “ * * * That one B. S. Nunn, on or about the 30th day of August, A. D. 1924, and within the said district of Arizona, did willfully and unlawfully have in his possession certain intoxicating liquor, to wit, approximately 75 gallons of whisky, which said intoxicating liquor was then and there fit for use for beverage purposes, he the said B. S. Nunn, then and there having no lawful permit to possess the said intoxicating liquor,” contrary to the statutes, etc. The assignments present the question whether the information states a public offense.

Section 3, title 2, National Prohibition Act ( 41 Stat. 1919 , p. 308 [Comp. St. Ann. Supp. 1923, § 10138y¡aa]) provides: “No person shall on or after the date when the Eighteenth Amendment to the Constitution of the United States goes into effect,, manufacture, sell, barter, transport, import, export, deliver, furnish or possess any intoxicating liquor except as authorized in this, act. * * * ”

Section 32, title 2 (Comp. St. Ann. Supp» 1923, § 10138%s), provides: “ * * * It-shall not be necessary in any affidavit-,…