Benn

The sufficiency of the testimony to support a conviction for carrying on the business of distiller without having given the bond required by law, and for making and fermenting mash fit for the distillation of spirits on premises other than a distillery duly authorized according to law, is the principal question presented by the record before us. The testimony on the part of the government was entirely circumstantial, is very brief, and viewed in its most favorable aspect tends to establish the following facts only. On the 23d day of October, 1925, federal agents visited a ranch owned by the plaintiff in error in the Bald Hills in Mason county, Wash.; the buildings on the ranch consisting of a small shack, a good-sized bam, and a shed. In the bam the officers found two 50-gallon drums of coal oil and three 100-pound sacks of cane sugar. Outside the bam were found two additional drums of coal oil. In the shack was found a letter addressed to plaintiff- in error and about 12 pounds of yeast. Near the bam was found an automobile track owned by the plaintiff in error. In a cave, or dug-out, on an adjoining ranch, owned by one Sorenson, the officers found a fully equipped still, several…