McDonough v. States

MORROW, Circuit Judge.

The plaintiffs in error were tried, convicted, and sentenced upon two counts of a criminal information filed by the United States attorney. We will hereafter refer to them as the defendants.

The first count charged that the defendants on March 23, 1923, maintained a common nuisance at the northeast corner of Clay and Kearny streets, San Francisco, in keeping for sale on the premises certain intoxicating liquor, to wit, five gallons of whisky containing one-half of 1 per cent, or more of alcohol, fit for use for'beverage purposes, in violation of section 21 of title 2 of…