Rhodes

The defendant was convicted on each of three charges in an indictment concerning intoxicating liquor. The first count charged the defendant with carrying on the business of a rectifier of spirits without having paid the tax; the second count charged him with the unlawful possession of two hundred gallons of whisky; and the third count charged him with maintaining a nuisance. On the first and third eoimts he was sentenced to a term of eight months in the county jail, to run concurrently, and to pay a fine of $100 in addition under count 1, and of $300 under count 2. The appellant’s principal point is that the evidence fails to substantiate any one of the charges. It appears from the evidence that on November 23,1928, a federal prohibition officer saw a truck near Newcastle, in the state of Washington, and followed it to the city limits of Seattle and on through to a ranch owned by the defendant’s wife. There two men concealed some liquor underneath the ham and returned to Seattle. At 10 o’clock the next day a search warrant was obtained, and the Beal ranch was searched and the following was found: Two hundred *2 gallons of moonshine whisky (one hundred gallons colored and one…