Samich

This is a writ of error by one of the defendants to review a judgment of conviction under three counts of an indictment charging numerous violations of the National Prohibition Act (27 USCA). The information contains 11 counts in all. The first 9 counts charge the plaintiff in error and two others jointly with the sale of intoxicating liquor on diverse dates between February 20 and December 9, 1925; the tenth count charges the same three parties with the unlawful possession of intoxicating liquor on December 10, 1925; and the eleventh count charges them with the maintenance of a common nuisance during the entire period covered by the several sales. Counts 1, 2, and 5 were dismissed on motion of the United States attorney, and the jury returned a verdiet of guilty against the plaintiff in error as to counts 3, 7, and 10, against another defendant as to count 10, and against the third defendant as to counts 7, 8, and 10. A verdiet of not guilty was returned as to the remaining counts.

When the government closed its case, the plaintiff in error moved the court to require it to elect on which of the several counts it would proceed, and the denial of this motion is assigned as error.…