Basich v. United States

Decision Date03 October 1921
Docket Number3678.
Citation276 F. 290
PartiesBASICH v. UNITED STATES.
CourtU.S. Court of Appeals — Ninth Circuit

The indictment in this case contains three counts, upon the first and second of which a verdict of guilty was returned. The first count charges that the defendant kept and maintained a common nuisance in the town of Newburg, Or., to wit, a building wherein intoxicating liquor was manufactured and kept in violation of the National Prohibition Act (Act Oct 28, 1919, c. 85, 41 Stat. 305). The second count charges that the defendant manufactured intoxicating liquor at the same time and place, in violation of the same act.

The testimony shows that the still was operated from about the middle of May, 1920, until the 4th day of August of the same year. An accomplice of the defendant testified at the trial that the defendant furnished all materials used in the manufacture of the liquor and assisted in such manufacture that all liquor so manufactured was removed from the premises by the defendant, and that the witness was simply an employee of the defendant, working for a salary of $300 per month. Other testimony was offered tending to show that the defendant visited the premises where the liquor was manufactured on numerous occasions during the spring and summer of 1920; that he brought to the building a part of the materials used in its construction, and was seen delivering filled grain sacks there.

The government then offered testimony tending to show that on the 28th day of June, 1920, the defendant had in his possession at the Oak Hotel in the city of Portland 24 pints of moonshine whisky; that the bottles containing the whisky were of a peculiar shape and form, similar to a large quantity of bottles found at the premises where the liquor was manufactured; and that the liquor in the bottles so found was made by the same process and was similar to the liquor found at the still. The defendant objected to the introduction of this testimony, on the ground that it tended to show the commission of a separate and distinct crime for which the defendant was under indictment. The court ruled that the testimony was competent, if connected up as promised by the government, and, if not connected up, it would be stricken. The government then offered proof tending to show the similarity of the liquor contained therein. At the close of the trial the following instruction, among others, was given:

'Now there was
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3 cases
  • State v. Pinkston
    • United States
    • Wyoming Supreme Court
    • October 27, 1925
    ...maintaining a nuisance; State vs. Jordan (N. Dak.) 155 N.W. 59; State vs. Copleman (Kans.) 205 P. 360; Paige vs. U. S. 278 F. 41; Baich vs. U. S. 276 F. 290; defendant made no objection to re-opening the after close of its evidence to put the state's Exhibit "A" in evidence; moreover it was......
  • Shiver v. Valdosta Press, 33086
    • United States
    • Georgia Court of Appeals
    • September 19, 1950
  • Conklin v. Augusta Chronicle Pub. Co.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • October 31, 1921
    ...276 F. 288 CONKLIN v. AUGUSTA CHRONICLE PUB. CO. No. 3629.United States Court of Appeals, Fifth Circuit.October 31, 1921 ... Mary L ... Greer Conklin, ... ...

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