Gazzera

Marie Gazzera and A. Gazzera, her husband, with one Valentino, were convicted of violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 1013814 et seq.), for having maintained a common nuisance and unlawfully possessed intoxicating liquor. The two Gazzeras brought writ of error.

There was no motion for a directed verdict filed in behalf of defendants below; nor was there any exception to the charge of the court; nor were any exceptions taken to rulings on the evidence. There is, therefore, nothing before this court to review, except the sufficiency of the information to charge the offense of maintaining a nuisance. Bilboa v. United States (C. C. A.) 287 F. 125 ; Lucis v. United States (C. C. A.) 2 F.(2d) 975 . That question is determined by our decision in Young v. United States (C. C. A.) 272 F. 967 , where a charge of maintaining a nuisance was in language like that employed in the present case.

But, in the interest of what is perfectly just, we think the writ in behalf of Marie Gazzera presents an instance where we should notice a plain and serious error, although it was not reserved by objection or exception upon the trial. The testimony, which is included…