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KELLEHER v. UNITED STATES

No. 1775.

4 F.2d 388 (1925)

KELLEHER v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

February 25, 1925.

Attorney(s) appearing for the Case

Joseph Joyce Donahue, of Boston, Mass., for plaintiff in error.

George R. Farnum, of Boston, Mass. (Harold P. Williams, U. S. Atty., of Boston, Mass., on the brief), for the United States.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

BINGHAM, Circuit Judge.

The defendant, plaintiff in error, was tried and convicted in the federal District Court for Massachusetts on an indictment charging him, in different counts, with the illegal sale and unlawful possession of intoxicating liquor.

The defendant was the proprietor of a restaurant in Boston, and was known as "Highball John." On three different occasions in the fall of 1923, a prohibition agent was served with Scotch highballs at the defendant...

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