Johnson v. United States

This is an appeal from a judgment of conviction under an indictment charging, the appellants jointly with numerous violations of the National Prohibition Act (27 USCA). The first count charged unlawful possession of intoxicating liquor on December 8, 1929; the second, third, and fourth counts charged unlawful sales on the same date; the fifth count charged unlawful possession of intoxicating liquor on January 10, 1930; and the sixth, seventh, and eighth counts charged unlawful sales and the maintenance of a common nuisance on the same date. During the period in question, the appellant Charles Johnson was the proprietor of a pool hall and soft drink parlor, known as the Pass Time Pool Hall, at Pierce, Idaho, and the appellant Clarence Johnson was in his employ at the pool hall.

In his opening statement to the jury, the attorney for the appellee stated that the government expected to prove that on December 8, 1929, a number of officers purchased several drinks and a pint of moonshine whisky from the appellant Clarence Johnson in the back room of the pool hall, and that on January 10,1930, two of the officers returned and purchased drinks and a part of a pint of moonshine whisky…