Tertiegas

This is an appeal from a judgment of conviction under the National Prohibition Act (27 USCA). The second count of the information charged in general terms that on the 27th day of February, 1928, the appellants did willfully, knowingly, and unlawfully sell five drinks of intoxicating liquor, commonly called moon *273 shine whisky, without naming the purchaser or otherwise describing the offense. On March 21, 1928, the appellants entered a plea of not guilty, and the ease was set for trial on the afternoon of March 23. Before the trial the appellants interposed a motion for a continuance on the ground of the absence of material witnesses.

In support of this motion their joint affidavit was filed, stating that one Myron Gibbs, if present, would testify, in substance, that he was acquainted with a Mr. Edmund, who on the 27th day of February, 1928, was acting as an under cover agent; that he went with Edmund to the Utah Confectionery, in the Utah Apartments, at Lava Hot Springs, Idaho; that he remained with Edmund in that place until they both left the premises; that Edmund did not purchase intoxicating liquor as described in count 2 of the information while there, and that at that…