Beach

The appellant is convicted on three counts under the National Prohibition Law (27 USCA) for using a still to make mash, wort, and wash fit for distillation of spirits in carrying on the business of a distillery of spirits at 8033 Sunny-side avenue, Seattle, Wash.

The only question sought to be presented by the appeal is the validity of the search and seizure made by the officers at the above-mentioned residence Of the appellant. The appellant claims that the affidavit upon which this search warrant was procured was insufficient. The transcript contains a petition for an order to suppress evidence and testimony signed by the petitioner’s attorney and verified by the petitioner October 2, 1928, an application and affidavit for search warrant, signed by E. Corwin, sworn to on July 12, 1928, and search warrant dated July 12,1928, and return on the search warrant dated July 13,192S, and affidavit in resistance by H. N. Beli, verified November 10, 1928, excerpts from the journal of November 30, 1928, stating defendant’s objection to the introduction, of evidence on the grounds stated in the motion to suppress evidence, the overruling of the motion, and motion for new trial and…