Haugsted

This appeal is prosecuted from a judgment of conviction against appellant. The indictment charged in count 1 that Haugsted “being then and there engaged in habitual violations of the National Prohibition Act” sold one pint of whisky on October 11,1932. The second count alleged in the same form a like sale on October 21st of the same year. Count 3 charged possession of one pint of whisky on the same date, and count 4 set up the maintenance of a common nuisance by him in the Palace Hotel. Appellant was convicted by a jury and was sentenced to fourteen months in the penitentiary on each sale count to run concurrently, and to an additional month in the county jail on the nuisance count, and to pay a $25 fine.

The counsel for appellant waived all assignments of error upon oral argument except that relating to the amount of the sentence imposed. The assignments so waived would not have availed appellant in any event since none of the others except the ninth conformed to the rules of this court. Brief notice will be taken of them however. A motion for new trial is not assignable for that is addressed to the discretion of the trial court, Alvarado v. U. S., 9 F.(2d) 385 (C. C. A. 9) so…