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STROUD v. UNITED STATES

No. 4127.

2 F.2d 658 (1924)

STROUD et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

December 8, 1924.

Attorney(s) appearing for the Case

Wm. R. Harrison, of Memphis, Tenn., for plaintiffs in error.

W. H. Fisher, Asst. U. S. Atty., of Memphis, Tenn. (S. E. Murray, U. S. Atty., and A. A. Hornsby, Asst. U. S. Atty., both of Memphis, Tenn., on the brief), for the United States.

Before DONAHUE, MACK, and KNAPPEN, Circuit Judges.

PER CURIAM.

Plaintiffs in error were convicted upon an indictment under the Volstead Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.) containing two counts, charging, respectively, the possession and transportation of whisky. When arrested, about 1 or 2 o'clock a. m., the three defendants were in an automobile which also contained 15 gallons of whisky — the containers being inclosed in sacks — together with a gun. On the trial Yarbrough testified...

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