Biglieri

The two appellants were convicted on all counts in an indictment charging six separate offenses defined by sections 3258, 3259, 3269, 3281, and 3282, Rev. St. U. S. (26 USCA §§ 281, 282, 284, 396, 397). On each count they were adjudged to pay a fine and to be imprisoned for a year; the prison sentences to run concurrently. The charges all relate to the setting up and operation of a still on or about June 13, 1928, on what is referred to as the De Martini farm, consisting of about 2,709 acres, in San Mateo county, Cal. The sufficiency of the indictment was and is not challenged.

That the two appellants and another brother were in possession of .and were operating the De Martini farm is conceded, hut at the trial they contended that they had leased to one Belfiore a small portion thereof, about five acres, for hog-raising purposes, and that the place where the officers found a large still was within that tract. The only assignment relating to the introduction of evidence is predicated upon the action of the court in sustaining the government’s objection to the question asked of one of the defendants; “Yon leased this property at the time for the purpose of raising pigs, did you?”…