McLean

The sufficiency of - the testimony to support a conviction under count 4 of the information is the only question presented for our consideration. The count in question charges the maintenance of a common nuisance, in violation of section 21 of title 2 of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138%jj). The only testimony offered in support of the charge was the following:

From the kitchen at 624 Bell street, in the city of Seattle, one of the federal prohibition agents called up a telephone number, furnished by another agent, gave his name as McKenzie, and asked for two bottles of Scotch. About half an hour later the plaintiff in error drove up in a Ford eoupé and parked his ear at the southwest corner of Bell street and Seventh avenue. He proceeded to the address given over the telephone, inquired for MeKenzie, delivered two bottles of whisky, and collected the purchase price. The agents then placed the plaintiff in error under arrest and searched the automobile in which .the liquor was transported. They there found 49 bottles of whisky and 9 bottles of gin concealed in two secret compartments, one under the seat and the other in the back part of the car. No…