Peterson

The plaintiff in error was convicted upon three counts of an indictment which charged (1) that he made a sale of whisky on January 25,1924; (2) that he was in tine unlawful possession of whisky and beer on February 1, 1924; (3) that he maintained a nuisance on February 1, 1924.

We find no error in the admission of testimony that the plaintiff in error made a sale of liquor on January 20, 1924. The evidence was admissible as tending to show that on a later date the plaintiff in error maintained a nuisance, as charged in the last count, and the trial court so ruled. In Strada v. United States (C. C. A.) 281 F. 143 , this court held that it was not error to receive evidence of sales of liquor made a few days prior to the time charged in an indictment for maintaining a common nuisance, since it tended to establish an unlawful status not limited in duration to the precise time of the occurrence charged.

Error is assigned to the instruction to the jury on the subject of the defense of alibi to the charge of the sale of whisky on January 25, 1914. The plaintiff in error testified, and introduced a witness to corroborate him, that pn that date he was not at the place where the offense…