Vilson

To reverse conviction on three counts, (a) unlawful possession of intoxicating liquors, (b) unlawful manufacture of intoxicating liquors, (e) unlawful possession of a still and equipment designed for the manufacture of intoxicating liquors, this appeal is prosecuted. The issue is presented on denial of a motion for directed verdict.

In consideration of the evidence on a motion for a directed verdict, the evidence-must be considered in its most favorable aspect to the appellee. United States v. Scarborough (C. C. A.) 57 F.(2d) 137 ; Knable v. United States (C. C. A.) 9 F.(2d) 567 ; see, also, Burton v. United States, 202 U. S. 344 , 26 S. Ct. 688 , 50 L. Ed. 1057 , 6 Ann. Cas. 362; Kelly v. United States (C. C. A.) 258 F. 392 . If there is substantial evidence it must be submitted to the jury, whose function it is to consider and weigh it, and this includes credibility of witnesses. Montana Tonopah Mining Co. v. Dunlap (C. C. A.) 196 F. 612 ; United States v. Burke (C. C. A.) 50 F.(2d) 653 ; United States v. Lesher (C. C. A.) 59 F.(2d) 53 ; Toledo, St. L. & W. R. Co. v. Howe (C. C. A.) 191 F. 776 ; Woodward v. Atlantic Coast Line R. R. (C. C. A.) 57 F.(2d) 1019 ; Engstrom v. De…