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COLLINS v. UNITED STATES

No. 6909.

7 F.2d 615 (1925)

COLLINS v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied October, 20, 1925.

Attorney(s) appearing for the Case

Kelly Brown and P. A. Gavin, both of Muskogee, Okl., for plaintiff in error.

W. F. Rampendahl, Asst. U. S. Atty., of Muskogee, Okl. (Frank Lee, U. S. Atty., of Muskogee, Okl., on the brief), for the United States.

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

AMIDON, District Judge.

The indictment in this action contains three counts. The first charges conspiracy to violate the Prohibition Law (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.); the object of the conspiracy being to possess and sell intoxicating liquors. The overt acts charged are two sales of liquor to W. V. German and E. T. Woods, both occurring at different hours on the same day. The second count charges the unlawful sale which is made the first...

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