Rissman

Appellant was convicted of smuggling alcohol in violation of 19 USCA § 497, 42 Stat. 982 . The charge was contained in the third eount of an indictment in five counts. In pursuance of the instruction of the trial judge to that effect he was acquitted on the other four charges.

Appellant contends that there was not sufficient substantial evidence of his guilt to justify the submission of the matter to the jury and that the trial court erred in denying appellant’s motion for an instructed verdict of not guilty. Appellant’s codefendant, William Nolan, was apprehended while in the possession of the liquor in question on board a gasoline motorboat belonging to the appellant. The motorboat had been placed in Nolan’s hands by appellant Rissman and was used by Nolan for the purpose of bringing liquor from Ensenada, Mexico, to San Diego, Cal., where it was seized. The guilt of Nolan was apparent. The only question raised by the appellant is whether or not his boat was so used by Nolan in pursuance of an understanding or agreement with Rissman, or without his knowledge or consent. The evidence as to Rissman’s consent to the use of his boat by Nolan for the purpose of smuggling liquor into…