Crowley

Writ of error by Crowley, who, with one Lucas, was convicted of conspiracy to violate the National Prohibition Law (Comp. St. Ann. Supp. 1923, § 10138%. et seq.). The indictment charges that Crowley and three others, on or about March 20,1924, willfully combined and continued thereafter up to the date of the indictment to possess and transport and purchase intoxicating liquor. Overt acts alleged were that Crowley and Sasso and one Lucas went to the plant of the Union Construction Company, at Oakland, with intent to buy and possess certain liquor; that they caused automobiles and trucks to go to a certain place in the yard of the construction company for purposes of loading liquor; that they helped to load the trucks with some 2,500 quarts of liquors.

There was evidence to the following effect: Early in the morning of March 25, 1924, prohibition -agents and 'police officers went to the yards of the construction company and found a Dodge- sedan on the side of the road. The watchman of the yards was discovered with intoxicating liquor in a sack. After arresting him the officer went to the edge of the water and saw three men loading a truck. The officers announced who they were,…