Radich

Radieh and Drapieh were jointly charged with violation of the National Prohibition Act (Comp. St. § 1013814 et seq.). General demurrers to the information were overruled. Pleas of not guilty were entered, and after trial both were convicted under counts charging sales and possession of intoxicating liquor at Globe, Ariz. Drapieh was also convicted un-. der an information charging him and Radieh with maintaining a common nuisance. Radich was acquitted of that charge. The two informations were consolidated for trial. In due course defendants sued out writs of error. Since submission of the ease, Drapieh has died, so we shall consider only the assignments affecting Radieh.

The evidence wds that the Bankers’ Garden in Globe, Ariz., was a resort kept by Drapieh for the sale of soda water, beer, cigars, etc.; that Radieh worked in the place and sometimes paid the rent; that each sold whisky at various times, as charged in the counts under which they were convicted; that on March 20, 1926, about 9 o’clock in the evening, a deputy United States marshal went to the Bankers’ Garden to serve a bench warrant issued for the arrest of the two men by the United States District Court for the…