Bruno

Bruno v. United States

Good Law
67 F.2d 416·1933 U.S. App. LEXIS 4488
United States Court of Appeals for the Ninth CircuitNovember 6, 1933No. 7220California3,322 words

Opinion

Lead Opinion

Garrecht, J.

Appellants, together with three other defendants, were charged in the indictment *417 with having conspired to manufacture, transport, and possess intoxicating liquor in violation of the National Prohibition Act (27 USCA). Prom the judgment of conviction they have brought this appeal. Following the description of the conspiracy, the indictment specified four overt acts as having been committed by the defendants in pursuance, furtherance, and execution of the conspiracy.

In appellants’ brief it is insisted that there is no evidence to support the first overt act. We believe the evidence established all of the overt acts charged. However, proof of any one of the overt acts would be sufficient.

The evidence shows that the prohibition officers early in the month of June, 1929, had observed a Moreland truck making trips to a certain wholesale grocery, situated in the neighborhood of Keller St., Los Angeles, and hauling corn sugar from this establishment. On June 14, 1929, the officers trailed this truck to a point above Tehaehapi in Kem county, and later, upon its return trip, intercepted the truck in the town of Mojave, where it was found to contain a large quantity of alcohol in…

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