Schouweiler

The appellant and six others were convicted upon an indictment charging a conspiracy to violate section 593 of the Tariff Act of 1922, defining smuggling and kindred offenses ( 42 Stat. 982 [19US C A §' 496]). The indictment was returned August 31, 1927, and the period of the conspiracy is therein alleged to have been from May 1, 1926, up to that date. Its object, as averred, was to commit the offense of importing into the United States, near the city of San Diego, Cal., from some foreign country to the grand jurors unknown, with intent to defraud the revenues -Qf the United States, 31 sacks, containing 12 quarts each, of contraband intoxicating liquor, without paying the taxes thereon or conforming with other requirements of the law. Seven overt acts are specified, two on .Tune 4, one on June 5, two on June 23, one on July 1, and one during the period from July 20 to August 6, all in the year 1926.

The principal assignment challenges the sufficiency of the evidence to support the verdict. It was shown that, during the period covered by the indictment and for some time prior thereto, two “rum boats,” the *516 Clara French and the Marion Douglas, with large quantities of liquor on…