Bossio

This is a writ of error to review a judgment of conviction under the National Prohibition Act (Comp. St. § 10138% et seq.). December 17, 1925, an information containing four counts was filed in the court below against the plaintiffs in error. The first count of the information charged the unlawful possession of intoxicating liquor on or about October 30, 1925; the second count charged the unlawful sale of intoxicating liquor on or about October 30, 1925; the third count charged the unlawful possession of intoxicating liquor on or about October 31, 1925; and”the fourth count charged the maintenance of a common nuisance on or about October 31, 1925.

January 8, 1926, an indictment containing ten counts was returned in the same court against the same parties. The first count of the indictment charged the unlawful sale of intoxicating liquor on or about November 20, 1925; the second count charged the unlawful sale of intoxicating liquor on or about November 21, 1925; the third count charged the'unlawful sale of intoxicating liquor on or about November 21, 1925; the fourth count charged the unlawful sale of intoxicating liquor on or about November 27,1925; the fifth count charged the…