Rossi

This is an appeal from a judgment of conviction under an indictment charging a conspiracy to violate the National Prohibition Act. The principal assignment of error challenges the sufficiency of the evidence to support the verdict and judgment.

The record discloses an interesting chapter in the history of vice and crime in Northern Idaho during the period covered by the indictment, and, if we were privileged to administer justice on general principles, without regard to the orderly, established rules of law, the conviction of many of the appellants might well be sustained, because, without doubt, they openly and habitually violated the National Prohibition Act during the period in question. But we have no such license or liberty, and the judgment of the court below cannot be sustained unless the eharge laid in the indictment is supported by some substantial evidence. The eharge is that a large number of persons, including the municipal officers of the city of Wallace, in the state of Idaho, and the sheriff of Shoshone county, in the same state, together with certain of his deputies, conspired and agreed to possess, transport, sell, and manufacture intoxicating liquor in violation…

(dissenting).

In stating the ease before this court for review on appeal, I will do so in the language of the government’s brief, with a few slight changes necessary to conform that statement to the facts shown by the transcript, and in so doing will occasionally eliminate adjectives and inferences suggested in this statement. Because of these changes in *3 the statement, I do not put the same in quotations :

Herman J. Rossi, who is mayor of the city of Wallace, Idaho, and took office as such in May, 1929, R. E. Weniger, who was sheriff of Shoshone county, Idaho, in which is situated the city of Wallace, its county seat, during 1927 to 1930, Mouge Tapper, Harry Brown, Jack Jones, Wally Norman, Mike Savieh, John Bamardy, Tony Armani, Joe Carboneau, Jack Chisholm, E. C. Florin, Matt Jurkovich, A. F. Lieb, Cecil Murphey, Paul Miller, M. W. Paddock, and Mike Pavelieh, all of whom are appellants herein, together with twenty-eight others, including W. J. Bailey, chief of police of Wallace, Charles Bloom and Albert Chapman, deputy sheriff, and W. H. Herrick, mayor of Wallace from May 9,1927, to May, 1929, were indicted in the district of Idaho, Northern division, on November 25, 1929,…