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LATHAM v. UNITED STATES

No. 2206.

2 F.2d 208 (1924)

LATHAM et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

October 21, 1924.

Attorney(s) appearing for the Case

Leon T. Seawell, of Norfolk, Va. (Hughes, Little & Seawell and R. M. Hughes, Jr., all of Norfolk, Va., on the brief), for plaintiffs in error.

Paul W. Kear, U. S. Atty., and L. S. Parsons, Asst. U. S. Atty., both of Norfolk, Va.

Before WOODS and WADDILL, Circuit Judges, and SMITH, District Judge.

WOODS, Circuit Judge.

The defendants Latham, Cowart, and Schwarz, tried together by consent, were convicted on identical informations charging in the first, second, and third counts respectively possession, sale, and transportation of 28,838 bottles of whisky on board the schooner Pesaquid, about two miles off Portsmouth Island, Va., within the territorial waters of the United States.

Error is assigned in the refusal of a motion to instruct the jury to acquit...

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