McWALTERS v. UNITED STATES

No. 4349.

6 F.2d 224 (1925)

McWALTERS et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 15, 1925.


Attorney(s) appearing for the Case

Joseph P. Lacey, of Oakland, Cal., and Wm. B. Davie and R. B. McMillan, both of San Francisco, Cal., for plaintiffs in error.

Sterling Carr, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal., for the United States.

Before HUNT, RUDKIN, and MORROW, Circuit Judges.


HUNT, Circuit Judge.

Plaintiffs in error were convicted of violations of the National Prohibition Act (Comp. St. Ann. Supp. 1923, §§ 10138¼ et seq.) by maintaining a common nuisance on April 5, 1923, at 2184 Grove street, Oakland, and having unlawful possession of liquor on that date and in the same place.

Error is assigned upon the refusal of the court to strike out certain testimony that defendants had been arrested at some previous times...

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