ISNER v. UNITED STATES

No. 2349.

8 F.2d 487 (1925)

ISNER v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

October 20, 1925.


Attorney(s) appearing for the Case

A. M. Cunningham, of Elkins, W. Va., for plaintiff in error.

T. A. Brown, U. S. Atty., of Parkersburg, W. Va. (Russell L. Furbee, Asst. U. S. Atty., of Parkersburg, W. Va., on the brief), for the United States.

Before WADDILL and ROSE, Circuit Judges, and WEBB, District Judge.


WEBB, District Judge.

The defendant, Creed Isner, was indicted and convicted for unlawfully possessing "intoxicating liquor, to wit, 70 gallons of grape wine."

The main facts on the trial below showed that the defendant had a quantity of wild cherries and elderberries, and made an effort to get from the state authorities a permit to make wine of them. The berries were grown on his own farm. He put them into a barrel and strained out the berries, having added...

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