Lempie

Appellant was adjudged guilty upon an indictment charging violations of the Internal Revenue Laws (26 USCA §§ 306, 307), in that on or about July 1, 1927, he (1) .carried on the business of a distiller of spirits without having given bond, as required by law, and (2) he made and fermented a quantity of mash fit for distillation of spirits, not in a distillery duly .authorized according to law, but at a point “located approximately 150 yards” from premises occupied by him. Seasonably and in an appropriate manner he challenged the sufficiency of the evidence to warrant a conviction, and the ruling on his motion in that regard presents the question submitted for our consideration.

Appellant resided in a densely timbered, broken section of the country. The extent of his holding does not clearly appear,, but it is shown that he had lived there only three or four months 'prior to July 1, 1927. In full scope and substance the evidence adduced by the government may be stated as follows: Price, a deputy sheriff, testified that in pursuance of his duties he “visited the neighborhood of defendant, five acres of high, dense forest, a mile and a half from the ocean in west Clallam County and…