Gatt

Frank Gatt, John

Gatt, Angelo Mustillo, and William Párente were charged with violations of the Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138(4 et seq.) in November, 1923. Párente was not tried. John" Gatt was acquitted by direction of the court. Frank Gatt and Mustillo were convicted of unlawful possession of liquor and of maintaining-a nuisance. They sued out writ of error, which was afterwards dismissed as to Mustillo. By motions and exceptions duly taken Gatt presents the question of the sufficiency of the evidence to sustain the verdict.

A prohibition agent testified that, acting under a search warrant, he and others entered the Lakeview Inn, near Seattle, and seized a quantity of liquor and beer; that defendants Mustillo and Párente were present; that the Gatt brothers owned the place; that his knowledge of the ownership was based upon the reputation of the inn and what he had heard people say. McFarland) a lumber dealer,- testified that some time in the fall of 1923 he sold to Frank Gatt $2.84 worth of lumber and delivered it to the inn. Whitney, a prohibition agent, testified that Parente, Mustillo, and a Japanese woman were on the premises at the time the liquor…