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MERRILL v. UNITED STATES

No. 4503.

6 F.2d 120 (1925)

MERRILL v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 29, 1925.

Attorney(s) appearing for the Case

Barnett H. Goldstein and E. M. Morton, both of Portland, Or., for plaintiff in error.

George Neuner, Jr., U. S. Atty., and J. O. Stearns, Jr., Asst. U. S. Atty., both of Portland, Or.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

This is a writ of error to review a judgment of conviction under the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). The information contains the three familiar counts, charging the unlawful possession of intoxicating liquor in violation of the National Prohibition Act, the unlawful sale of intoxicating liquor, and the maintenance of a common nuisance.

The first assignment of error challenges the sufficiency...

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