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MARRON v. UNITED STATES

No. 4523.

8 F.2d 251 (1925)

MARRON et al. v. UNITED STATES. GORHAM v. SAME. KISSANE v. SAME.

Circuit Court of Appeals, Ninth Circuit.

October 5, 1925.

Attorney(s) appearing for the Case

George Hawkins, Walter Brand, Joseph E. Marron, George Birdsall, Charles Mahoney, Patrick Kissane, and Joseph Gorham were indicted for conspiracy to violate the National Prohibition Law (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). Hawkins was never apprehended, and Brand was acquitted. The other defendants were convicted, and Marron, Birdsall, Kissane, and Gorham have sued out writs of error to review the judgment of conviction. For convenience, the parties indicted will be referred to as the defendants.

Hugh L. Smith and Charles J. Wiseman, both of San Francisco, Cal., for plaintiffs in error Marron and Birdsall.

William A. Kelly, of San Francisco, Cal. (Devlin & Devlin, of Sacramento, Cal., of counsel), for plaintiff in error Gorham.

Joseph L. Taaffee, of San Francisco, Cal., for plaintiff in error Kissane.

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

Before HUNT, RUDKIN, and McCAMANT, Circuit Judges.

McCAMANT, Circuit Judge.

On the 30th of March, 1922, the defendant Hawkins rented the upstairs flat at 1249 Polk street, San Francisco. He used the premises for the sale of intoxicating liquors, and on the 26th of July, 1923, the defendant Walter Brand succeeded to the business. The jury must have found from the evidence that Brand conducted the place until the latter part of October, 1923, on his own account, and that he then turned the business over to the defendant...

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