Silva

On November 4, 1929, we filed an opinion [ 35 F.(2d) 598 ] affirming the judgment convicting appellant of violations of the National Prohibition Act (27 USCA). In due course, upon December 5, 1929, mandate issued. Thereafter, on December 11, 1929, through new counsel, whom he had in the meantime employed, appellant moved for a recall of the mandate and for leave to file a petition for rehearing, and also a petition that we grant a new trial on account of newly discovered evidence, or that we authorize the trial court to entertain such a petition. Two days later we entered an order recalling the mandate and granting leave to submit such petitions. There is nothing new of substance in the considerations presented in support of the petition for rehearing.

The alleged offenses for which appellant was convicted were committed on May 10, 1928. A large still in operation was found upon farm lands the title to which was in appellant’s son but in the use and possession of which, at least, he had some interest. When the officers discovered the still, he was present. Some of the testimony tended to show that he was interested in its operation, and that he had been at the still several times…