Soper

In an information embracing five counts, the three appellants were charged with (1) the possession of property intended to be used in violation of the National Prohibition Act (27 USCA); (2) the maintenance of a nuisance under that act; (3) the unlawful manufacture of intoxicating liquor; (4) the unlawful possession of intoxicating liquor; and (5) the maintenance of a nuisance — all on the 31st day of October, 1927, at 1407 San Bruno avenue, San Francisco. The only difference between the second and fifth counts is that in the former the charge is that defendants were manufacturing liquor, whereas in the latter they were keeping it for sale.

The judgment appealed from was entered upon a verdict in these words: “We, the jury, find as to the defendants at bar as follows : William Soper — guilty—possession. Gus Rossett — guilty—nuisance. Joseph Semoni — guilty—nuisance.”

Appellants urge that this verdict is void for uncertainty, and further that it is fatally inconsistent. The first point, we think, is well taken as to defendant Soper, but' without merit as to the other two defendants. Defendant Soper went to trial on two distinct charges of possession, one for the possession of…