Shown

The plaintiff in error and three others were convicted under an indictment which charged *595 them with conspiracies to violate the Volstead Act (Comp. St. Ann. Supp. 1923, § 1013814 et seq.) and with the commission of violations thereof. The plaintiff in error was found guilty of conspiring to manufacture intoxicating liquor, conspiracy to sell intoxicating liquor, and manufacturing.intoxicating liquor, and jointly with others operating a stillhouse. The sole question presented on the writ of error is whether he was entitled to an instruction that the jury acquit him of the charges.

The evidence was that at Nampa, Idaho, the plaintiff in error was boarding at a hotel where others of the conspirators lodged, and that he was on intimate terms with them, that he owned an automobile, that he was associated with some of his codefendants in the use of automobiles, and one night when he and Hickman, one of his codefendants, and a man employed by the latter to haul supplies out to the stillhouse, drove up to a garage, the plaintiff in error exchanged cars with Hickman, and that Hickman paid for gasoline for the truck and two automobiles. It was shown that at the time of the arrest of…