Taliaferro

Appellant, hereinafter designated as the defendant, was found guilty of unlawful possession and transportation of intoxicating liquor. Upon the trial of the ease, two prohibition agents testified that they entered the defendant’s place of business in Oakland, Cal., and, after a brief conversation with him, ordered and paid the defendant for a bottle of liquor. It was then agreed that the liquor was to be delivered at Pifty-Seventh and Adeline- streets in said city. At that place defendant in his own automobile drove alongside one being used by the agents, and handed Agent Buckley a glass bottle containing the liquor. Thereupon the defendant was placed under arrest. Immediately thereafter defendant grabbed the bottle and broke it by striking it upon the clutch or brake lev- - er of the automobile. The two agents testified that a small quantity of the "liquor was recovered from the broken bottle and some of it was mopped up from the floor of the automobile. The liquor was delivered to a chemist who analyzed it and found its alcoholic content to be 44.1 per cent, per vol- • ume. There was testimony on behalf of the-defendant tending to contradict the witnesses for the prosecution…