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GAZZERA v. UNITED STATES

No. 4529.

7 F.2d 467 (1925)

GAZZERA et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 24, 1925.

Attorney(s) appearing for the Case

Edgar D. Peixotto and T. T. Califro, both of San Francisco, Cal. (Cleveland R. Wright and Wilford H. Tully, both of San Francisco, Cal., of counsel), for plaintiffs in error.

Sterling Carr, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal.

Before HUNT, RUDKIN, and McCAMANT, Circuit Judges.

HUNT, Circuit Judge.

Marie Gazzera and A. Gazzera, her husband, with one Valentino, were convicted of violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.), for having maintained a common nuisance and unlawfully possessed intoxicating liquor. The two Gazzeras brought writ of error.

There was no motion for a directed verdict filed in behalf of defendants below; nor was there any exception to the charge of the court...

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