Perry

Perry was convicted under three counts, charging violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138% et seq.): (1) Maintenance of a common nuisance on or about the 28th of February, 1925/ at 30 Jackson street, San Francisco, by keeping for sale 11 pints of jackass brandy; (2) unlawful possession of said liquor at the same time and place; (3) at the same place having on February 12,1925, sold certain intoxicating liquor, to wit, three drinks of jackass brandy.

The evidence was that prohibition agents, in company with another person, on February 12th went to the place described in the information, and bought three drinks of jackass brandy, and paid defendant therefor; that on February 28th, 16 days after the sale, prohibition agents returned to the place with a search warrant dated that day; that when they entered no one was present, but that shortly thereafter the defendant came in and stated that he was the proprietor; that search was made, and jackass brandy was found in the rafters and in the basement; that, upon being questioned by the agents at that time, defendant denied that he had ever made a sale, or that he owned the jackass brandy found in the…