Anderson

This is an appeal by Gus Anderson and Orvis Johnson from a judgment of conviction and sentence of Anderson for a conspiracy to violate the National Prohibition Act, and Johnson for a conspiracy to violate and the violation thereof.

They were jointly indicted with John Berg and Arthur Johnson. Arthur Johnson was not tried. The indictment contains three counts. The first charges a conspiracy to violate the National Prohibition Law, and alleges as overt acts the possession by the defendants of mash fit for distillation, the operation of a still, and the possession of intoxicating liquors. Count 2 charges a violation of law by carrying, on the business of- *437 a distiller without giving bond as required by law; and the third charges the making and fermenting of mash fit for distillation of spirits not in a distillery authorized by law.

Anderson was convicted on the first count, and found not guilty on the other two. Johnson and Berg were convicted on all counts. Anderson and Johnson moved for a directed verdict and for new trial, and Anderson for a dismissal notwithstanding the verdict, on the ground that his acquittal on counts 2 and 3 was tantamount to an acquittal on the first…