STECKLER v. UNITED STATES

No. 310.

7 F.2d 59 (1925)

STECKLER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 6, 1925.


Attorney(s) appearing for the Case

Louis Bennett, of New York City, for plaintiff in error.

Emory R. Buckner, U. S. Atty., of New York City (John M. Cashin, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before ROGERS, HOUGH, and HAND, Circuit Judges.


HAND, Circuit Judge.

Steckler was a druggist with a permit to possess liquor. It was therefore essential to a conviction under count 2 to show that his possession, prima facie legal, had been abused, and that he was holding the liquors for sale contrary to the regulation under which he did his business. This the prosecution tried to do by proving sales of liquor at the defendant's shop. Two of such sales were laid in counts 3 and 4, and proved as of that day. A third...

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