Bernia

The information in this case contains five counts. The first two counts charge unlawful sales of intoxicating liquor on February 27, 1924; the third count charges the unlawful possession of intoxicating liquor on February 29, 1924; the fifth count charges the maintenance of a common nuisance on the same date; and the fourth count eliarg-es a prior conviction on March 21, 1923. The jury returned a verdict of guilty as to the two sales counts, and not guilty as to the remaining counts. The present writ of error was sued out to review the judgment of conviction.

The testimony on the part of the government tended to show that the' sales were made as charged in the first two counts of the information; that two days later the prohibition agents made a raid of the premises under a search warrant, and found a bottle of intoxicating liquor in room 107 thereof; and that the plaintiff in error had theretofore been eonvieted of the charge of unlawful possession of intoxicating liquor under the name of Georgia Rivard. The premises wherein the intoxicating liquor was sold and found were occupied as a hotel, and the defense to the possession count was that room 107, where the liquor was found,…