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GIUSTI v. UNITED STATES

No. 4396.

4 F.2d 703 (1925)

GIUSTI v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 18, 1925.

Attorney(s) appearing for the Case

O. S. York, of Galveston, Tex., for plaintiff in error.

H. M. Holden, U. S. Atty., and Edwin R. Warnken, Asst. U. S. Atty., both of Houston, Tex., for defendant in error.

Before WALKER, BRYAN and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

On January 15, 1924, an information in three counts was filed by the United States attorney, charging the plaintiff in error, hereinafter called the defendant, in the first count with unlawfully possessing intoxicating liquor, in the second count with unlawfully possessing property designed for the manufacture of intoxicating liquor, and in the third count with unlawfully manufacturing intoxicating liquor.

The undisputed facts are that...

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