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HERMANSKY v. UNITED STATES

No. 6863.

7 F.2d 458 (1925)

HERMANSKY v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 24, 1925.

Attorney(s) appearing for the Case

Albert W. Jefferis, of Omaha, Neb. (Joseph T. Votava and George M. Tunison, both of Omaha, Neb., on the brief), for plaintiff in error.

George A. Keyser, Asst. U. S. Atty., of Omaha, Neb. (James C. Kinsler, U. S. Atty., Andrew C. Scott, Asst. U. S. Atty., both of Omaha, Neb., and Ambrose C. Epperson, Asst. U. S. Atty., of Hastings, Neb., on the brief), for the United States.

Before KENYON and BOOTH, Circuit Judges, and AMIDON, District Judge.

KENYON, Circuit Judge.

Plaintiff in error was convicted in the United States District Court for the District of Nebraska on the first and third counts of an information charging violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). The first charged an illegal sale of intoxicating liquor; the third, maintaining a nuisance by keeping a place where intoxicating liquor fit for beverage purposes was kept for sale and sold....

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