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WITHROW v. UNITED STATES

No. 2262.

1 F.2d 858 (1924)

WITHROW et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

September 29, 1924.

Attorney(s) appearing for the Case

J. Raymond Gordon, of Charleston, W. Va., for plaintiffs in error.

Ellis A. Yost, Asst. U. S. Atty., of Huntington, W. Va. (Elliott Northcott, U. S. Atty., of Huntington, W. Va., and B. J. Pettigrew, Asst. U. S. Atty., of Charleston, W. Va., on the brief), for the United States.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

WOODS, Circuit Judge.

The defendants, Taylor Withrow and Arthur Vinson, alias Happy Riggs, were convicted on informations charging unlawful possession of intoxicating liquors and maintenance of a nuisance. The evidence on behalf of the government was as follows:

On an afternoon in June, 1923, O. C. Johnson, a motorcycle police officer of Huntington, W. Va., met the defendants and Charles Boyd driving an automobile in the suburbs of Huntington. The officer...

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