Loomis

Appellant was indicted with one Tardy, alias Walker, for possessing and transporting intoxicating liquor contrary to the provisions of the National Prohibition Act (title 2, § 3 [27 USCA § 12]). The indictment contained four counts. Count I charged appellant and his eodefendant with possession of intoxicating liquor on a named date, and count III charged them with transporting the same liquor. Count IV charged appellant with a prior conviction of transportation of intoxicating liquor, and the remaining count charged the eodefendant Tardy with a prior conviction of possessing intoxicating liquor. Tardy pleaded guilty as charged. Appellant was tried before a jury, convicted as charged, and sentenced to pay a fine of $500 on count I and serve three months in prison on. counts III and IV; followed by this appeal.

The facts are substantially as follows: About midnight, July 3, 1931, prohibition agents called a certain telephone number in the city of Seattle and requested a delivery to the Westport Apartments of two quarts of gin and two pints of whisky. About half an hour thereafter the liquor was delivered by appellant’s eodefendant Tardy to the apartment specified by the agents. The…