Armenta

Appellant, hereinafter called the defendant, was convicted upon counts 3, 4, and 5 of an indictment, in which counts he was charged with the unlawful possession and sale of intoxicating liquor and maintaining a common nuisance. Pursuant to the verdict of the jury the court announced sentence: “That the said defendant be imprisoned in the United States Penitentiary at McNeil Island, in the State of Washington, for the period of three (3) years on count four, said term of imprisonment to date from his delivery to the warden of said penitentiary; that said defendant be fined in the sum of three thousand dollars ($3,000.00) on count four; that he be fined the sum of five hundred dollars ($500.-00) on count three, and that he be fined the sum of one thousand dollars ($1,000.00) on count five; that in default'of payment thereof he stand committed to said penitentiary» until said fines are paid or he is otherwise discharged by law, said commitment in default of payment of said fines to. run concurrently with each other and to date from the expiration of the term of imprisonment imposed under said count four.”

On the following day, April 11, 1930, as shown by the minutes of the trial…