Rouda v. United States

(after stating the facts as above). The evidence was sufficient to sustain a verdict upon the count for manufacturing. Taylor was found in the very act of preparing the bottles and in the midst of paraphernalia proper for making whisky out of alcohol and water. Rouda was present and by his own admission was the owner of the “plant.” Nothing more probative could have been asked. The conviction upon the possession count was, however, irregular, since all the elements necessary to it were included in the count for manufacture. Reynolds v. United States, 280 F. 1 (C. C. A. 6); Morgan v. United…