Hall

This is the second appeal in this .case. See 41 P. (2d) 54 .

Appellant was convicted upon three separate counts of an information charging: First, the unlawful possession of approximately 200 gallons of intoxicating liquor; second, the unlawful possession of certain property designed for the manufacture of intoxicating liquor; third, the maintenance of, a common nuisance.

The government introduced evidence tending to prove that on or about July-15, 1928, George C. Ruffner, sheriff of Yavapai county, Arizona, had a conversation with appellant, Joe Hall, in which conversation Ruffner, among other things, said, “Well, now Joe, as far as this pool-hall business is concerned that is legitimate business, we issue licenses for that, but as for this other stuff, this making whiskey, I am going to make you *67 quit,” to which Hall replied, “Well, now, George, I want to tell you something, * ” ’* I have got 350 gallons o£ damned good whiskey and I am going to sell it”; that a short time after this conversation Ruffner secured a search warrant from the superior court of said county to search Hall’s residence and pool hall; that as a result of such search Ruffner found and seized the liquor…