Kotrba v. United States

ALSCHULER, .Circuit Judge.

An information of two counts charged appellant with violation of the National Prohibition Act through (1) possession of liquor and (2) maintaining a common nuisance. Jury was waived and the court found him guilty on both counts, fixing his punishment at $200 fine and sixty days’ imprisonment.. It is contended for appellant that no offense whatever is stated by the second count. It charges that from August 21, 1931, to *235September 21, 1931, appellant maintained a common nuisance on the premises described, “in that said defendant did then and there upon said premises…