Barto

This is a writ of error to review conviction under the National Prohibition Act (27 USCA). The information, filed April 6, 1926, by the United States district attorney, gave the court “to understand and be informed, as appears from the affidavit of E. R. Small, made under oath” and filed with the information, that Buck Roe and Dan Doe, whose true names are unknown, Joe Michelotti and Dick Barto sold whisky on June 6, 12, and 13 and on July 6 and 10, 1925, at Tacoma,Washington, and that on July 10 they possessed whisky, and that they maintained a common nuisance at Tacoma between Junec6 and July 10, 1925.

On April 9, 1926, Barto was arrested and gave bail. On the 10th of May, 1926, Joe Michelotti, plaintiff in error was arrested and gave bail, and on that day, so the record recites, “upon motion of J. F. O’Brien, attorney for defendants, the information filed herein, wherein defendant John Doe is charged with violation of sections 3 and 21, title 2, N. P. A. (27 USCA §§ 12, 33), is ordered amended to read Joe Michelotti,” and the amount of bail was fixed to remain at $500. On January 14, 1927, defendants below, Joe Michelotti and Dick Barto, were in court with counsel, were…