Campanelli

Plaintiff in error and 23 others were indicted for conspiracy (section 37, Penal Code [Comp. St. § 10201]) to violate the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 1013814 et seq.), in that about February 1, 1924, and continuously up to October 8, 1924, at San Francisco, they combined to sell, transport, import, and deliver intoxicating liquor into the United States. Overt acts charged were that at Havana, Cuba, in July, 1924, certain of the defendants caused the steamer Guilia to be loaded with liquor, and to leave Havana, and go to a point less than 30 miles from the Farallone Islands, off the coast of California, with the intent to introduce the liquors into the United States, and that defendants delivered a portion of the liquor to the Gnat and other motorboats, intending that the liquor should be brought to the United States at San Francisco Bay. Deliveries to other boats at other times are also charged.

Campanelli, referred to as defendant, and O’Hagan, master of the Guilia, were convicted. Campanelli brought writ of error, and contends that there was a material variance between . the indictment and the evidence, that testimony was improperly admitted, and that…