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MEYERS v. UNITED STATES

No. 68.

3 F.2d 379 (1924)

MEYERS v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

November 3, 1924.

Attorney(s) appearing for the Case

George L. Donnellan, of New York City, for plaintiff in error.

William Hayward, U. S. Atty., of New York City (Elmer H. Lemon, Sp. Asst. U. S. Atty., of Middletown, N. Y., of counsel), for the United States.

Before ROGERS and MANTON, Circuit Judges, and LEARNED HAND, District Judge.

MANTON, Circuit Judge.

The plaintiff in error was charged in three counts of an information with unlawfully, willfully, and knowingly maintaining a common nuisance in the city of New York, on July 12, 1923; also with possessing and selling at the same place one drink of whisky. After conviction on the second and third count, he sued out this writ. The proof to support this charge was given by two metropolitan police officers. They testified that the place was a former...

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