States, 2 Cir., 96 F2d 785, 787, rtlorarl denied 305 U.S. 612, 59 S.Ct. 71, 83 LEd. 399; and by the rulin of the Supreme Court in United States Kenofskey, 243 U.S. 440, 443, 37 S.Q. , 61 LEd. 836. The fact that the evidence shows that what was done by the appellant was also an offense under sectio