Gay

The plaintiffs in error, together with Lillian Gay, were charged under an indictment in count I with the unlawful possession of 372 bottles of whisky. Count II charged that Edward Gay had thei’etofore been convicted of tho offense of unlawful possession of intoxicating liquor. Count III charged that all the *220 defendants unlawfully transported in a certain described automobile 180 bottles of whisky. Count IV charged that all the defendants in another described automobile ■unlawfully transported 182 bottles of whisky. The defendant Lillian Gay was found not guilty on all of the counts. The other defendants were found guilty on count I; Edward Gay was found guilty on count II; Bennett was found guilty on count III; and Edward Gay was found guilty on count IV.

The facts are briefly these: O’Harra, a prohibition agent, observed two automobiles driving together. In each ear he saw intoxicating liquor. He got into his automobile and followed them. He saw the foremost of the automobiles drive into a garage. He pursued the other automobile, which was driven by the defendant Bennett, but lost sight of it. He returned to the garage into which the first automobile had gone, and he found…