Dow

Dow and McWilliams were convicted of conspiracy to violate the provisions of the National Prohibition Act (27 ÜSCA).

The allegations are that they conspired to possess, transport, sell, and barter intoxicating liquors; that it was their purpose to maintain a common nuisance at a farm occupied by Dow by keeping, selling, transporting, and bartering intoxicating liquors; that the conspiracy was a continuing one from a date prior to December 17, 1925, up to and including December 17, 1925. As overt acts, it is charged that Dow and McWilliams, with others, at the Dow farm, conducted and maintained a common nuisance by keeping and selling intoxicating liquors, and that at the Dow farm they possessed 180 bottles of intoxicating liquor; that Dow possessed and concealed at his farm certain intoxicating liquor in order that it might be removed by McWilliams to be sold or disposed of elsewhere;, that, on December 17, 1925, McWilliams went to the Dow farm for the purpose of unlawfully transporting some of the intoxicating liquor with intent to sell or dispose of it.

The only question presented is whether there was sufficient evidence to sustain the conviction.

The case is as follows: In…