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CARPENTER v. UNITED STATES

No. 6212.

1 F.2d 314 (1924)

CARPENTER et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 25, 1924.

Attorney(s) appearing for the Case

George G. Chapin, of St. Paul, Minn. (George Ogilvie, of St. Paul, Minn., on the brief), for plaintiffs in error.

Leland W. Scott, Asst. U. S. Atty., of St. Paul, Minn. (Lafayette French, Jr., U. S. Atty., of St. Paul, Minn., on the brief), for the United States.

Before SANBORN and LEWIS, Circuit Judges, and SCOTT, District Judge.

SCOTT, District Judge.

The defendant was indicted for violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.) in two counts. The defendant demurred to both counts of the indictment, which demurrer was by the court overruled, to which the defendant duly excepted. At the close of the trial the defendant moved to dismiss for a variance between the proof offered and the allegations of the indictment, which motion was overruled...

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