Louviers

The appellant Emil Louviers and three others were indicted on thirteen counts for a violation of the National Prohibition Act (27 USCA). At the time of the trial, two of the defendants had not been apprehended, and appellant and defendant Blaekstoek were tried together, which resulted in a verdict of guilty on counts 3, 4, 5, 6, 7, 8, and 9, of possession and sale of liquor, and not guilty on the remaining counts. Appellant assigns six errors, of which 1 and 2 were waived upon the oral argument, 3 and 4 based on instructions given, and 5 and 6 based on the receiving of the verdict and pronouncing of sentence thereon, which he claims presents the question of insufficiency of the evidence.

Of 3 and 4 it will suffice to say that the instructions given were substantially correct. Assignment 3 relates to the status of prohibition agents of the government and the necessity of the government having them in the enforcement of the law; that they should be considered as men engaged in the discharge of their duties, and give as much credit to their testimony in the judgment of the jury as any other witness, and no more. This instruction correctly states the status of national prohibition…