Henry

This is a writ of error to review a judgment of conviction on two counts of an information charging violations of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 1013814 et seq.). The government offered testimony tending to establish the following facts:

At the time of the commission of the offenses in question the plaintiff in error was the proprietor of a pool hall at Eden, Idaho. At or about 9 o’clock on the evening of April 2, 1924, two prohibition agents visited the hall, and saw two parties enter and purchase a bottle of moonshine whisky from the plaintiff in error at or over the counter. The * parties making the purchase and the agente then retired from the hall, and three of them partook of the liquor so purchased. Some time later in the evening the four parties returned to the hall, and one of the prohibition agents made a further purchase of moonshine whisky from the plaintiff in error. The two prohibition agents positively identified the plaintiff in error as the party who made the two sales, and, while the other two witnesses were unable to identify him, they both testified to the two sales, and that both sales were made by the same party-. The plaintiff in…