Liberato

Liberato seeks reversal of a judgment of conviction of conspiracy (section 37, Penal Code [Comp. St. § 10201]).

The indictment charges that on or about the 20th of March, 1923, Liberato, together with Gatt, Severi, Ciei, and others unknown, combined and conspired to manufacture and possess intoxicating liquors, said possession being intended for the purpose of selling, bartering, and disposing of the liquors, and for the further purpose of maintaining a common nuisance, and that the conspiracy, was a continuing one up to the time of presenting the indictment. Overt acts charged are that Liberato, with others charged, on January 31, 1925, at a certain ranch near Seattle, manufactured and possessed a described quantity of liquor, and that from January 1, 1925, to January 31, 1925, at the same place, they conducted and maintained a nuisance by manufacturing, keeping, and selling liquor. The court held the evidence insufficient as against Gatt. Severi and Cici were not on trial.

The evidence of the government was that proMbition agents, under authority of a search warrant, on January 31, 1925, accompanied by an informant, searched the premises described; that when they entered the…