Oras

The defendants were indicted for a conspiracy to violate the National Prohibition Act and the internal revenue laws, specifically, for a violation of section 3289 of the Revised Statutes (26 USCA § 266), a violation of section 3282, Revised Statutes (26 USCA § 307), and a violation of section 3, title 2 of the National Prohibition Act (27 USCA § 12). The offenses were charged in four counts in the indictment, and the appellants were all convicted on all the counts.

As to the appellants other than Swalwell, there is no serious question as to the sufficiency of the evidence to sustain the verdict. Briefly outlined, this evidence shows that on the night of January 20, 1932, between 10 and 11 o’clock, prohibition officers discovered a distillery in operation on Whidby Island, about three hundred yards off the county road on the bank of a small lake. A 350-gallon still was in active operation; a smaller 60-gallon still, a square tank, was not in operation. There were twelve vats, or mash barrels, of approximately 350 gallons *465 capacity each, ten of which contained mash (3,500 gallons in all), and eight 5-gallon cans of alcohol. After nailing up the door of one of the buildings, the…