McFee

Appellant was found guilty and sentenced on an indictment of twelve counts, charging conspiracy to violate the National Prohibition Act, unlawful sales and possessions of liquor, and maintenances of common nuisances. He was indicted jointly with four other defendants, three of whom pleaded guilty to various sales and possessions; the other counts, including that charging conspiracy, being dismissed as to those three defendants. G. J. Gort, the fifth defendant named in the indictment, forfeited his bond and was not tried.

The defendant-appellant McFee set forth fifty-five assignments of error, in a document filed in the lower court three days before the appeal was allowed. Only forty assignments are discussed in the appellant’s brief. This court, however, is considering, in groups, the entire fifty-five.

The first three assignments and assignment No. 52 deal chiefly with the sufficiency of the evidence to go before the jury. To dispose of these assignments, a review of the evidence lending to establish appellant’s guilt will be necessary.

About October, 1927, McFee purchased the Club Cigar Store, at Kellogg, Idaho, from F. P. (“Pinkey”) Jones, one of the defendants under this…