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MASON v. UNITED STATES

No. 3380.

1 F.2d 279 (1924)

MASON et al. v. UNITED STATES.

Circuit Court of Appeal, Seventh Circuit.

July 17, 1924.

Attorney(s) appearing for the Case

Geo. W. Sprenger, of Peoria, Ill., for plaintiff in error.

Thos. Williamson, U. S. Atty., of Springfield, Ill., Gertrude Warner Kindler, Asst. U. S. Atty., of Peoria, Ill., Thomas F. Smith, Asst. U. S. Atty., of Springfield, Ill., and Wm. B. Schroder, Asst. U. S. Atty., of Peoria, Ill., for the United States.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

PAGE, Circuit Judge.

This writ of error is to reverse a judgment of conviction against plaintiffs in error, called defendants, on an indictment under the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). At the beginning of the trial the court denied a motion by defendant Mason for the return of certain liquor, afterwards used in evidence. The petition stated:

"That * * * he ran a soft drink parlor at 223 First street, in the...

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