Hattner v. United States

KNAPPEN, Circuit Judge.

Plaintiff in error was prosecuted by information containing three counts, under the National Prohibition. Act (41 Stat. 305) — the first and second charging, respectively, unlawful possession and unlawful manufacture of intoxicating liquor at Toledo, Ohio, without statement of specific location; the third count charging the maintaining as a common nuisance of “a pl'ace at No. 2057 North Fourteenth street” in Toledo, Ohio, “where intoxicating liquor was kept and manufactured in violation of Title 2 of the National Prohibition Act.”

*382On the trial, upon its appearing by the…