Rostello v. United States

ALSCHULER, Circuit Judge.

Appellants, with Koch and Wencel, were indicted for conspiracy to violate the provisions of the National Prohibition Act (27 USCA) by the illegal manufacture, transportation, and possession of intoxicating liquor, and the illegal possession of stills and materials designed and intended to be used in the illegal manufacture of intoxicating liquor. They were tried together, and all but Koch, who pleaded guilty at the close of the government’s evidence, were convicted and sentenced, and of these all but Wencel appeal.

It is contended for the government that there is here…