Benn

By information filed March 23, 1927, Jim Benn, tbe appellant, was charged, in tbe first count, with tbe unlawful sale of intoxicating liquor on November 24, 1926; in tbe second count, with a sale on November 27, 1926; in. tbe third count, with possession on December 2, 1926; and in tbe fourth count, with tbe maintenance of a nuisance between November 24 and December 2, 1926 — all under tbe National Prohibition Act. Prom a judgment of conviction upon all tbe charges, be appeals, and be assigns as error tbe action of tbe court in declining to quash tbe information or to strike it from tbe files upon tbe grounds: (1) That it was unverified; (2) that it was not supported by any showing of probable cause; and (3) was filed without leave of court. Tbe questions raised were presented before trial by motion to quash, and after verdict by motions for arrest of judgment and for a new ‘trial.

Tbe information is not verified or supported by any affidavit attached thereto, and was filed without order of court granting leave. But on January 13, 1927, there was filed with tbe court a certified copy of a complaint made before tbe United States commissioner and a transcript of the commissioner’s…