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SPALITTO v. UNITED STATES

No. 8698.

39 F.2d 782 (1930)

SPALITTO v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

March 14, 1930.

Attorney(s) appearing for the Case

Frank D. Rader and John N. Swenson, both of Kansas City, Mo., for appellant.

Harry L. Thomas, Asst. U. S. Atty., of Kansas City, Mo. (William L. Vandeventer, U. S. Atty., of Kansas City, Mo., on the brief), for appellee.

Before VAN VALKENBURGH and GARDNER, Circuit Judges, and MUNGER, District Judge.

GARDNER, Circuit Judge.

Appellant was convicted on three counts of an indictment charging him with engaging in the business of a distiller and of carrying on and operating a distillery in violation of law, and with having on his premises a quantity of mash fit for distillation purposes. Count 2 charges that on the 12th day of September, 1928, at 1142 Independence avenue, in Kansas City, Jackson county, Mo., the defendant operated a distillery for the purpose of distilling...

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