Vendetti

The plaintiff in error, hereinafter called the defendant, together with Nelson, Moore, and Carstens, was indicted on a charge of conspiracy entered into on or about November 28, 1925, to unlawfully possess and sell intoxicating liquors, and to unlawfully conduct and maintain a common nuisance at 1303 Pacific avenue, Tacoma, Wash., by there keeping and selling intoxicating liquors, which conspiracy was alleged to be a continuing one from November 28, 1925, to June 3, 1926, and the indictment set forth numerous overt acts done in pursuance of the conspiracy. A severance was granted as to the other three, and the defendant went on trial alone and was convicted.

The denial of the defendant’s motion for & directed verdict on the ground of the insufficiency of the evidence to justify a verdict of guilty is assigned as error. We think that the motion was properly denied. The ■defendant and one Hewitt were the owners of a café and restaurant. It was shown that the defendant paid for the electric light service therein from September 17, 1925, to February 2, 1927, and that he signed up for the telephone service on November 17, 1925, that he paid the monthly bill for telephone service from…