Driskill

This is a writ of error to review a judgment of conviction under an information containing .28 counts. Each of the odd-numbered counts charged the unlawful possession of a pint of whisky on some given date between March 26 and April 23, 1926, and each of the even-numbered counts charged the unlawful sale of the same whisky on the same date. The sufficiency of the testimony to support the verdict and judgment is the principal question presented for our consideration. As to this, of course, we are not concerned with mere conflicts in testimony.

All of the sales were made by one Riggs, who was employed as cook in the Barbecue Café at Phoenix, Ariz., of which the plaintiff in error was proprietor. None of the sales were made by the plaintiff in error, nor is it claimed that he saw any of the sales when made, although at times he was present in the front part.of the café when the liquor was sold in the rear. There was testimony tending to show, however, that the prohibition agent to whom the sales were made was introduced to the plaintiff in error some months previously and made known his desire to purchase a quantity of whisky. A sample of the whisky was then produced by the…