Driskill

The plaintiff in error and one W. K. Moss were convicted on six counts of an information charging them with the sale and the possession of intoxicating liquor on May 19, 20, and 22, 1926. It was shown by the prosecution that on each of those dates one Tail, a prohibition agent, purchased in the café of the plaintiff in error, at Phoenix, Ariz., a pint-bottle of whisky, which was obtained from Moss with the knowledge and acquiescence of the plaintiff in error.

*526 The plaintiff in error testified that he had no knowledge of such purchases, and that Moss was not employed by him, but operated a pool hall next door. Moss testified that Vail was introduced to him as a soldier just out of the hospital, unacquainted at the place, and very much in need of whisky; that Vail told him that he had been sick, to which Moss answered that he was not in the liquor business; and that Vail said, “Well, I don’t know anybody here, and if you know where you can get any, I would certainly appreciate it.” Moss testified that he finally agreed to go out and get Vail a bottle of whisky, and received $3 from him for the purchase of a pint, and that he went to a nearby rooming house, purchased the whisky,…