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KUEHN v. UNITED STATES

No. 4581.

8 F.2d 265 (1925)

KUEHN v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

November 2, 1925.

Attorney(s) appearing for the Case

W. D. Keeton, of St. Maries, Idaho, and W. B. McFarland, of Cœur d'Alene, Idaho, for plaintiff in error.

H. E. Ray, U. S. Atty., and William H. Langroise and Carl A. Burke, Asst. U. S. Attys., all of Boise, Idaho.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge.

On an information which contained five counts, the plaintiff in error was convicted under the first two, the one charging him with the unlawful possession of a pint of moonshine whisky on July 2, 1924, and the other charging him with the unlawful sale of a pint of moonshine whisky on that date. He contends that the two offenses so charged are, in fact, but one, and he assigns error on the ground that he is twice punished for a single offense...

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