Driskill v. United States

RUDKIN, Circuit Judge.

This is a writ of error to review a judgment of conviction under an information containing .28 counts. Each of the odd-numbered counts charged the unlawful possession of a pint of whisky on some given date between March 26 and April 23, 1926, and each of the even-numbered counts charged the unlawful sale of the same whisky on the same date. The sufficiency of the testimony to support the verdict and judgment is the principal question presented for our consideration. As to this, of course, we are not concerned with mere conflicts in testimony.

All of the sales were made by…