Roselle

Appellant appeals from an order denying a petition for a writ of habeas corpus upon its first presentation to the court.

Appellant was confined by commitment of the .United States District Court for the Eastern District of Idaho, upon an indictment containing 20 counts. Count 1 charged conspiracy to violate the National Prohibition Act by maintaining a still in the district, and the manufacturing and selling of its products at the same place. As overt acts it was charged in the conspiracy that appellant had maintained this still and manufactured liquor, as well as maintaining a nuisance in so doing.

Counts 2 to 20 of the indictment, inclusive, charged the consummated offenses and described the overt acts alleged in count 1. The indictment charged separate sales of liquor, possession of liquor, nuisance, manufacture and distilling without bond, at the time and on the dates set forth in the overt acts of the conspiracy count.

Defendant, having pleaded guilty to this indictment, was sentenced by the court to serve a sentence on count 1 of the indictment of 20 months at McNeil’s Island penitentiary, and to pay a fine. On counts 2 to 20, inclusive, of the indictment, various…