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UNITED STATES v. GALBREATH

No. 2539.

8 F.2d 360 (1925)

UNITED STATES v. GALBREATH.

District Court, N. D. California, N. D.

October 20, 1925.

Attorney(s) appearing for the Case

Clifford A. Russell, of Sacramento, Cal., for petitioner.

George J. Hatfield, U. S. Atty., of San Francisco, Cal., and Gerald R. Johnson, Asst. U. S. Atty., of Sacramento, Cal.

KERRIGAN, District Judge.

The agreed statement in this case shows that the defendant, who was not an officer of the United States, assisted one Ike Caveny, who was a prohibition agent, in the performance of his work. Although prohibition agents are "civil officers of the United States," this did not constitute the defendant such an officer, because the office of assistant to a prohibition agent does not exist. Leonard v. United States (C. C. A. 1)

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