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 Kachnic, one Elve Upton, and appellant, Joe Kachnic, 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...
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