Landfield

\ Landfield and Oliver were jointly charged with violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138%, et seq.). Land-field was convicted under a count • charging sale of liquor on July 28, 1924. Oliver was acquitted of that charge. Both wefe convicted under a count charging possession on or about August 29th, and under a count charging maintenance of a nuisance on or about that date in 1924. The assignments present the question of the sufficiency of the evidence to sustain the verdict.

There was testimony by the prosecution that about-July 28th a prohibition agent and his wife'went to the tavern, of which Landfield was manager, and asked for gin fizzes; that Landfield said, “I don’t serve, any mixed-up drinks or straight drinks at the table, but I will get you the makings;” that he went across the dance floor, and shortly afterwards beckoned to the witness, and took him into a room where, after introducing him to Ellis, an employe, Ellis handed witness some gin, saying, “Here is the gin; this is the way we serve it;” that •fitness paid Ellis in the presence of Land-field; that about July 30th another prohibition agent was introduced to Landfield and…