292 F. 982 | 9th Cir. | 1923
The information in this case charges the three defendants with three violations of the National Prohibition Act (41 Stat. 305), namely, the possession, the transportation, and the sale of intoxicating liquor. The jury returned a verdict of guilty as to each count and as to each defendant, and the sentence or judgment of the court is now before us for review. All errors assigned relate either to the admission of testimony or to the charge of the court. We will refer to the parties as designated in the court below.
That the several offenses charged in the information were committed by one or more of the defendants does not admit of doubt or question. But the defendant Pappas claimed that he was a deputy sheriff, and that his only connection with the case was in his official capacity in the
The only exception to the charge of the court is in the following language :
“I take exception to the instructions of the court relating to conspiracy. I contend there is no evidence of any such agreement.”
From what we have said, it sufficiently appears that there was ample evidence of a conspiracy to carry the case to the jury, and that there was likewise ample evidence to support the verdict of guilty as to each and all of the parties.
The judgment of the court below is therefore affirmed.