Timell

Plaintiff in error, Timell, was convicted under a count charging possession, and ánother charging sale, of a quantity of moonshine whisky.

Jumstrong, a deputy sheriff, testified r That he saw Timell at a boarding house at St. Maries, Idaho; that in the morning, about breakfast time, he asked Timell, who conducted the boarding house in which the conversation was had, whether there was any chance to get a drink of whisky, saying he had been wet, and believed a drink would warm up his stomach. Timell said that he could get him a bottle; that about an hour afterward Timell handed him a bottle of moonshine whisky, for which he paid Timell $3.50; that Bracken, a federal prohibition officer, was present at the time of the sale. Bracken testified that he heard Armstrong ask Timell if he knew where he could get a bottle, as he had been fishing and was cold and wet, that after they returned to the house, about an hour after the conversation, Timell asked Armstrong if -he still wanted the whisky, that he saw Armstrong hand $3.-50 to Timell, and that the bottle contained moonshine whisky.

Timell testified in his own behalf that Armstrong said he was sick and had a stomachache; that after…