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GEMIGNANI v. UNITED STATES

No. 4372.

9 F.2d 384 (1925)

GEMIGNANI v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

December 4, 1925.

Attorney(s) appearing for the Case

John Galella, of Memphis, Tenn., for plaintiff in error.

S. E. Murray, U. S. Atty., of Memphis, Tenn. (W. H. Fisher and A. A. Hornsby, Asst. U. S. Attys., both of Memphis, Tenn., on the brief), for the United States.

Before DONAHUE, MOORMAN, and KNAPPEN, Circuit Judges.

PER CURIAM.

It is contended on behalf of the plaintiff in error that the court erred in overruling its motion at the close of the government's evidence to dismiss the indictment on the ground that the record in case No. 2122 does not show that the defendant was convicted or sentenced upon his plea of nolo contendere upon the second count of the information charging him with the unlawful sale of intoxicating liquor. This plea of nolo contendere was entered as to each...

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