Kennedy v. United States

Kennedy and Johnson were convicted under eleven counts of an information charging violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138% et seq.). The first, third, fifth, seventh, and ninth counts charged possession of whisky on May 1st, 6th, 7th, 8th, and 12th, respectively. The second, fourth, sixth, eighth, and tenth counts charged sales of whisky on May 1st, 6th, 7th, 8th, and 12th, respectively. The eleventh count charged maintenance of a common nuisance, a place called the Big Casino Caberet, in Tonopah, Nev.

Error is assigned upon the admission of the testimony of a prohibition agent that he bought beer from defendant J ohnson in the premises on May 1, 1923. Inasmuch as the evidence was that the beer was sold on one of the days that whisky was sold, the evidence was competent as tending to show that defendants maintained a place where intoxicating liquor was sold. Further ground for objection was that no chemical test was made of the beer purchased in the place described in the information. The prohibition agent testified that the beer contained over one-half of 1 per cent, alcohol by volume; that he had had several months’ experience in testing…