Cvitkovic

The indictment in this case contains three counts, naming six defendants. The first count charges that the several defendants unlawfully conspired to manufacture and possess intoxicating' liquor and to. maintain a common nuisance in violation of the National Prohibition Act (27 USCA) and the commission of numerous .overt acts to effect the object of the conspiracy; the second count charges that thé defendants carried on the business of distiller of spirits without having given bond as required by law; and the third count charged that the defendants made mash fit for distillation of spirits, on premises not then and there a distillery duly authorized according to law. Five of the defendants named in the indictment were placed on trial. A verdict of guilty was returned as to four of the defendants, and not guilty as to the remaining defendant. From the judgment on the verdict, the four convicted defendants *683 have appealed. The specifications of error challenge certain instructions given by the court, the refusal of the court to instruct as requested, and the sufficiency of the testimony to support the verdict.

Tho facts disclosed by the testimony are substantially as follows: In…