Defendant was indicted under the Volstead Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.) on five counts; the first three for sales in three different months, the fourth for manufacturing, and the fifth for possession. The record recites that, the cause being for trial, on motion of the district attorney, count 2 was dismissed. It further recites that the jury "found the defendant guilty as charged...
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