Nolan

This is an appeal from a judgment of conviction under the National Prohibition Act (27 USCA). The information charged, in four counts, the unlawful possession of spirituous liquor, commonly known as moonshine whisky; the unlawful possession of property designed for the manufacture of intoxicating liquor; the unlawful manufacture of intoxicating liquor, commonly known as moonshine whisky; and the maintenance of a common nuisance — all on the 26th day of December, 1927, at Lewis-ton Orchard Tracts, in the county of Nez Perce, state of Idaho. The testimony on the part of the government tended to show that the residence on the Bums place on the Orchard Tracts in question was destroyed by fire on the date mentioned in the information, and that while the fire was in progress, and afterwards, large quantities of intoxicating liquor, known as moonshine whisky, were found in the house, together with the usual paraphernalia for its manufacture.

Without going into unnecessary detail, suffice it to say that the testimony shows all but conclusively that some person or persons had there violated the National Prohibition Act in manner and form as charged in the several counts of the…