Bullard

This is an appeal from an order remanding appellant to the custody of the appellee for removal to the Southern district of California for trial on an indictment returned January 28, 1931, charging the appellant with the crime of conspiracy. Upon the hearing of the removal complaint on February 20, 1931, the government introduced the indictment, and appellant introduced evidence for the purpose of destroying the probative effect of the indictment. One of the overt acts alleged in the indictment for conspiracy to violate the National Prohibition Act was the sale by the appellant to one C. Y. Dingier, his codefendant, of a residence equipped with a still for the manufacture of intoxicating liquor in April, 1928; the house being No. 3234 Perlita street, in Los Angeles, Cal. The government offered as a witness one W. C. Richardson, who testified that appellant was living at the residence in question in the spring of 1928. Appellant admitted that he owned the residence in question and sold it to Dingier for $6,500. Appellant denied that at the time of the sale the house was equipped with a still or that he ever owned or operated a still, but he testified that the basement was divided…