Pattis v. United States

• Decision Date: 21 February 1927
• Docket Number: No. 4880.,4880.
• Citation: 17 F.2d 562
• Parties: PATTIS v. UNITED STATES.
• Court: U.S. Court of Appeals — Ninth Circuit

17 F.2d 562 (1927)

PATTIS v. UNITED STATES.

No. 4880.

Circuit Court of Appeals, Ninth Circuit.

February 21, 1927.

J. H. Peterson and T. C. Coffin, both of Pocatello, Idaho, for plaintiff in error.

H. E. Ray, U. S. Atty., W. H. Langroise and Sam S. Griffin, Asst. U. S. Attys., all of Boise, Idaho.

Before MORROW and RUDKIN, Circuit Judges, and NETERER, District Judge.

MORROW, Circuit Judge.

On March 17, 1926, defendant, together with Dors Jensen, Clyde Clark (alias John Fuchs), and Paul Parker, was charged with conspiracy to commit an offense against the United States, in violation of section 37, federal Penal Code (Comp. St. § 10201). The first count of the indictment was as follows:

"That on or about the 13th day of June, 1925, and continuously up to and including June 25, A. D. 1925, in the county of Bannock, state and district of Idaho, Eastern division, and within the jurisdiction of this court, Dors Jensen, Clyde Clark (alias John Fuchs), John Pattis, and Paul Parker, and certain other persons to the grand jurors unknown, did then and there willfully, knowingly, unlawfully, and feloniously combine, conspire, confederate, and agree together and among themselves to commit a certain offense against the United States of America, to wit, to willfully, knowingly, unlawfully, and feloniously manufacture for beverage purposes within the county of Bannock, state and district of Idaho, and within the jurisdiction of this court, certain intoxicating liquor containing more than one-half of 1 per cent. of alcohol, to wit, certain spirituous liquor, commonly known as `moonshine whisky,' the exact amount being to the grand jurors unknown, the said moonshine whisky to be designed, intended, and fit for use as a beverage, the manufacture of the same to be in a manner, and at a time, to wit, on and after the said 13th day of June, A. D. 1925, and at a place, to wit, about three-quarters of a mile southwest of what is known as the George Goodenough ranch, about 21 miles south and east of the city of Pocatello, Bannock county, state and district of Idaho, Eastern division, and within the jurisdiction of this court, and by the laws of the United States prohibited and made unlawful.

"1. That according to and in pursuance and furtherance of said willful, unlawful, and felonious conspiracy, combination, confederacy, and agreement, and to accomplish the purpose and effect the object thereof, the said defendants, to wit, Dors Jensen, Clyde Clark (alias John Fuchs), John Pattis, and Paul Parker, and certain other persons to the grand jurors unknown, on or about the 25th day of June, A. D. 1925, about three-quarters of a mile southwest of what is known as the George Goodenough ranch, about 21 miles south and east of the city of Pocatello, in the county of Bannock, state and district of Idaho, Eastern division, and within the jurisdiction of this court, as aforesaid, did then and there willfully, knowingly, unlawfully, and feloniously have in their possession certain property designed and intended to be used in the manufacture of intoxicating liquor as aforesaid, said property being as follows, to wit, seventeen 52-gallon barrels containing sugar mash, 100-gallon cooler can, two coils, two stills having a capacity of about 60 gallons each, one 5-gallon keg, one bottle of coloring fluid, two dozen bungs for kegs, and certain other property to the grand jurors unknown.

"2. That according to, in pursuance and furtherance of, said willful, unlawful, and felonious conspiracy, combination, confederacy, and agreement, and to accomplish the purpose and effect the object thereof, the said defendants Dors Jensen, Clyde Clark (alias John Fuchs), and John Pattis, on or about the 13th day of June, 1925, at Pocatello, county of Bannock, state and district of Idaho, Eastern division, and within the jurisdiction of this court, conferred and agreed together for the procuring and delivery of supplies intended to be used for the unlawful manufacture of intoxicating liquor as aforesaid, said property being so far as known to the grand jurors as follows:

"Barrels, kegs, yeast, coloring, sugar, and molasses, the exact amounts thereof being to the grand jurors unknown, and did further confer and agree together for the manufacture of the said moonshine whisky, and the disposal thereof by and through the defendant John Pattis.

"3. That according to, in pursuance and furtherance of, said willful, unlawful, and felonious conspiracy, combination, confederacy, and agreement, and to accomplish the purpose and effect the object thereof, the said defendant John Pattis drove by means of an automobile, the make and description of which is to the grand jurors unknown, to the George Goodenough ranch aforesaid, on the 14th day of June, 1925, and then and there met the defendant Clyde Clark (alias John Fuchs), and conferred and arranged with the said defendant Clyde Clark (alias John Fuchs) for the delivery of the supplies set forth in the subdivision 2 hereof.

"4. That according to, in pursuance and furtherance of, said willful, unlawful, and felonious conspiracy, combination, confederacy, and agreement, and to accomplish the purpose and effect the object thereof, the said defendant Clyde Clark (alias John Fuchs), on the 14th day of June, 1925, within the county of Bannock, state and district of Idaho, Eastern division, and within the jurisdiction of this court, did confer with the said defendant Dors Jensen, and requested the said defendant Dors Jensen to go to Pocatello, county of Bannock, state and district of Idaho, Eastern division, and guide delivery of the supplies heretofore mentioned and described to about three-quarters of a mile southwest of what is known as the George Goodenough ranch, about 21 miles south and east of the city of Pocatello, county of Bannock, state and district of Idaho, Eastern division, and within the jurisdiction of this court.

"5. That according to, in pursuance and furtherance of, said willful, unlawful, and felonious conspiracy, combination, confederacy, and agreement, and to accomplish the purpose and effect the object thereof, two of the said defendants, to wit, Dors Jensen and Clyde Clark (alias John Fuchs), and John Pattis, on or about the 16th day of June, 1925, at Pocatello, county of Bannock, state and district of Idaho, Eastern division, and within the jurisdiction of this court, did then and there knowingly, willfully, unlawfully and feloniously purchase certain supplies from the Tom Cacavas Company of Pocatello, Idaho, to wit, certain property intended to be used for the unlawful manufacture of intoxicating liquor as aforesaid, said property being as follows, to wit, five cases of molasses, eleven 100-pound sacks of sugar, five gallons of oil, an oil tank, two water buckets, and seventeen barrels, and caused all of the said property to be delivered from Pocatello, Idaho, to the said George Goodenough ranch, located about 21 miles south and east of the city of Pocatello, in the county of Bannock, state and district of Idaho, Eastern division, and within the jurisdiction of this court.

"Contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America."

The second count of the indictment was in similar language, but charged a conspiracy to feloniously possess certain "property designed and intended for the manufacture of intoxicating liquor," with intent to use such property in such manufacture. The third count charged conspiracy to sell the intoxicating liquor so manufactured. The fourth count charged actual possession of the "property designed and intended for the manufacture of intoxicating liquor." The fifth count charged the maintenance of a nuisance at the George Goodenough ranch.

Jensen and Clark pleaded guilty, and Parker not having been apprehended, defendant was tried alone. Jensen and Clark testified, on behalf of the government, that this defendant was one of the owners of the Tom Cacavas Grocery Company in Pocatello, Idaho; that Jensen and Clark had determined upon making moonshine whisky at a location about 21 miles south of Pocatello, and that...