Kachnic v. United States

SAWTELLE, Circuit Judge.

This is an appeal from the United States District Court for the District of Arizona.

A grand jury found an indictment charging jointly one John Kachnie, one Elve Upton, and appellant, Joe Kachnie, on two counts: (1) That on July 3, 1931, they did “knowingly, wilfully and unlawfully, in violation of the National Prohibition Act, have in their possession approximately 40 gallons of intoxicating liquor known as whiskey”; (2) that on July 3, 1931, they did “knowingly, wilfully, unlawfully and feloniously” transport by certain specified automobiles “more than one gallon of…