Sawyear v. United States

DIETRICH, Circuit Judge.

The appellants were tried upon an indictment charging in the first count a conspiracy to violate the National Prohibition Act (27 USCA), in the second the prosecution of a distilling business without giving bond as required by the revenue law, and in the third the making and fermenting of 3,000 gallons of mash in a place other than a distillery authorized by law. They were all found guilty on the first and third charges, and Benjamin Newman alone was found guilty on the second.

The evidence for the government consisted mainly of the testimony of four prohibition agents.…