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LINDEN v. UNITED STATES

No. 3158.

2 F.2d 817 (1924)

LINDEN et al. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

December 8, 1924.

Attorney(s) appearing for the Case

James R. Nugent, of Newark, N. J., for plaintiffs in error.

Richard C. Plumer, of Newark, N. J., for the United States.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

When running a boat loaded with whisky inside of Sandy Hook, Linden, Coose and Philbrook were overtaken by two inspectors of customs and arrested. 296 F. 104. An indictment containing six counts was found against them. The fourth count charged conspiracy (under section 37 of the Criminal Code, Comp. Stat. § 10201) to possess and transport intoxicating liquors in violation of the National Prohibition Act (41 Stat. 305, Comp. Stat. Ann....

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