Hacker

The plaintiff in error was, with Lee Rickman, Louis Svee, Jack 'Wirt-, Ellen Wirt, and T. J. Grant, charged with having on the 7th day of April, 1923, and within the jurisdiction of the court below, unlawfully and corruptly conspired together to, among other things, “maintain a common nuisance at and in those certain premises situated on the Virginia road, county of Washoe, state and district of Nevada, commonly known as and called.“ ‘Quinn’s Resort,’ by unlawfully, willfully, and knowingly keeping therein for sale intoxicating liquor, to wit, whisky, in violation of the National Prohibition Act, * * * and that such conspiracy continued and was in process of execution by said defendants during all the times from on or about the 7th day of April, 1923) to on or about the 23d day of August, 1923, and at the times of the commissions of each and every of the overt acts in this count hereinafter set forth.” That count (which was the first of the indictment) then proceeded to set out various overt acts alleged to have been committed by the defendants, including the plaintiff in ' error Hacker.

The remaining 27 counts of the indictment charged the defendants, including the plaintiff in…