McWalters v. United States

HUNT, Circuit Judge.

Plaintiffs in error were convicted of violations of the National Prohibition Act (Comp. St. Ann. Supp. 1923, §§ 10138% et seq.) by maintaining a common nuisance on April 5, 1923, at 2184 Grove street, Oakland, and having unlawful possession of liquor on that date and in the same place.

Error is assigned upon the refusal of the court to strike out certain testimony that defendants had been arrested at some previous times for violations of the prohibition law, and to the introduction of a record showing that on a prior date MeWalters pleaded guilty to a violation of the…