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POWE v. UNITED STATES

No. 4399.

2 F.2d 975 (1924)

POWE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

December 12, 1924.

Attorney(s) appearing for the Case

Alexander D. Pitts, of Selma, Ala., and Jere Austill, of Mobile, Ala., for plaintiff in error.

Aubrey Boyles and Joseph W. John, Asst. U. S. Attys., both of Mobile, Ala. (Nicholas E. Stallworth, Sp. Asst. Atty. Gen., on the brief), for the United States.

Before WALKER and BRYAN, Circuit Judges, and ESTES, District Judge.

BRYAN, Circuit Judge.

The assignment of error relied on is that the trial court erred in overruling plaintiff in error's plea in abatement to an indictment charging him with the illegal possession and transportation of intoxicating liquor in violation of the National Prohibition Law (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). The plea in abatement sets up mere irregularities in the finding of the indictment, and that the plaintiff in error was not under...

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