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YAVORSKY v. UNITED STATES

No. 3100.

1 F.2d 169 (1924)

YAVORSKY v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

August 1, 1924.

Attorney(s) appearing for the Case

Leon M. Levy and Joseph F. Gunster, both of Scranton, Pa., for appellant.

Andrew B. Dunsmore, U. S. Atty., of Wellsboro, Pa., A. A. Vosburg, Asst. U. S. Atty., of Scranton, Pa., and Herman F. Reich, Asst. U. S. Atty., of Sunbury, Pa.

Before WOOLLEY and DAVIS, Circuit Judges, and GIBSON, District Judge.

DAVIS, Circuit Judge.

The United States attorney filed a criminal information against Yavorsky, hereafter called defendant, for the illegal sale of one pint of "moonshine whisky" containing more than one-half of 1 per centum of alcohol by volume. He pleaded guilty This was the first offense of which defendant had been convicted, and the judge inadvertently imposed upon him both a fine of $100 and imprisonment of 60 days in the county jail of Lackawanna county. He...

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