Driskill v. United States

GILBERT, Circuit Judge.

The plaintiff in error and one W. K. Moss were convicted on six counts of an information charging them with the sale and the possession of intoxicating liquor on May 19, 20, and 22, 1926. It was shown by the prosecution that on each of those dates one Tail, a prohibition agent, purchased in the café of the plaintiff in error, at Phoenix, Ariz., a pint-bottle of whisky, which was obtained from Moss with the knowledge and acquiescence of the plaintiff in error.

*526The plaintiff in error testified that he had no knowledge of such purchases, and that Moss was not employed by…