Meucci

In an indictment containing three counts, Meueei, and Biggi and ■ Paslini, were charged in count 1 with conspiracy, in May, 1927, to manufacture, sell, and possess intoxicating liquor, in count 2 with carrying on the business of distilling without having given bond as required, and in count 3 with having made and fermented about 18,000 gallons of mash fit for distillation of spirits. The overt acts charged 'in the conspiracy count were that about May 3, 1927, defendants possessed a still near Tacoma, Wash.; that about the same time they possessed 500 gallons of mash fit for distillation ; that about the 5th of May they possessed about 50 gallons of intoxicating liquor and approximately 1,800 gallons of mash fit for distillation. Biggi was convicted under all counts, while Meueei and Paslini were convicted under the conspiracy count only. Meueei appeals, contending that the evidence was insufficient to sustain the verdiet against, him for conspiracy.

A prohibition agent, and others with him, while concealed near a bam, saw defendant Paslini go into the bam and, after remaining there a few minutes, come out and motion to Meueei and another defendant, who were in the woods near by,…