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LYTLE v. UNITED STATES

No. 4274.

5 F.2d 622 (1925)

LYTLE et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

April 8, 1925.

Attorney(s) appearing for the Case

L. D. Greene, of Louisville, Ky. (Joseph M. Huffaker, Perry B. Miller, and T. J. Nohalty, all of Louisville, Ky., on the brief), for plaintiffs in error.

Lilburn Phelps, Asst. U. S. Atty., of Louisville, Ky. (W. S. Ball, U. S. Atty., and Claude Hudgins, Asst. U. S. Atty., both of Louisville, Ky., on the brief), for United States.

Before DENISON and DONAHUE, Circuit Judges, and WESTENHAVER, District Judge.

WESTENHAVER, District Judge.

Plaintiffs in error were convicted and sentenced on three counts. The first count charges a conspiracy unlawfully to possess and unlawfully to transport intoxicating liquor and specifies as overt acts: First, the unlawful possession of 105 gallons of red whisky; and, second, the unlawful transportation of 105 gallons of red whisky in a Packard touring car, license No. 186,299. The second count charges unlawful possession, and the third...

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