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HAMMERLE v. UNITED STATES

No. 4263.

6 F.2d 144 (1925)

HAMMERLE v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

Modified and Rehearing Denied July 3, 1925.

Attorney(s) appearing for the Case

Huggins & Oldham, of Louisville, Ky., for plaintiff in error.

W. S. Ball, U. S. Atty., of Louisville, Ky.

Before DENISON, DONAHUE, and KNAPPEN, Circuit Judges.

PER CURIAM.

Hammerle was charged with possessing for sale and with selling substances and a formula intended for use in the unlawful manufacture of intoxicating liquor. Section 18, tit. 2, National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138½i). The first count charged possession for sale, and the second charged sale; he was convicted on both.

The indictment is challenged because it does not expressly state that Hammerle had the intent that...

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