Hesse

This is an appeal by Grace Hesse' from a judgment of conviction for the unlawful sale of intoxicating liquor. An information was filed jointly against the appellant and one Lilia containing seven counts. The first six counts charged the unlawful sale or unlawful possession of intoxicating liquor on different dates, and the seventh count charged the maintenance of a common nuisance. A verdict of not guilty was returned as to the defendant Lilia on all counts, and a like verdict as to the appellant Hesse on all counts save the fifth, which charged the unlawful sale of intoxicating liquor on October 22,1927. The testimony on the part of the government tended to show that an informer, at the request of federal agents, went to the back door of the Hesse residence and asked the appellánt for moonshine whisky. She replied, “All right,” and called Lilla. Lilia delivered a bottle of whis-ky to the informer and received a marked $5 bill in payment. This he handed to the appellant, who accepted it and gave the informer $2 in change. The sixth count of the information charged the unlawful possession of intoxicating liquor on October 22, 1927, by the appellant and Lilia, and it is now…