Hogrefe

The appellants were found guilty on four counts of an information, which charged them jointly with selling intoxicating,liquor on four specified dates in Jurie in the year 1927. Hogrefe was also found guilty on the fifth count, which charged him with a sale of liquor on a specified date, and both the appellants were found guilty under a count which charged them with conducting and maintaining a common nuisance at a plaee situated at 930% Pacific avenue, Tacoma, Wash., known as the Empress Hotel.

The appellants, by numerous assignments, assail the validity of the search warrant under which the Empress Hotel was searched, and the refusal of the court to *641 quash the same and suppress the evidence thus obtained. They say first that there was no sale; that tho evidence against the appellants consisted of testimony that certain prohibition agents purchased liquor on the dates charged in the various counts of the information by telephone orders to a certain telephone address in the Empress Hotel; and that to respond to such an order, and send liquor to the purchaser, was not to make a sale on the premises. Tho proposition is so devoid of merit as to require no discussion. If the…