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BERNIA v. UNITED STATES

No. 4562.

8 F.2d 737 (1925)

BERNIA v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 12, 1925.

Attorney(s) appearing for the Case

Edward H. Chavelle, of Seattle, Wash., for plaintiff in error.

Thos. P. Revelle, U. S. Atty., and J. W. Hoar, Asst. U. S. Atty., both of Seattle, Wash.

Before GILBERT, RUDKIN, and McCAMANT, Circuit Judges.

RUDKIN, Circuit Judge.

The information in this case contains five counts. The first two counts charge unlawful sales of intoxicating liquor on February 27, 1924; the third count charges the unlawful possession of intoxicating liquor on February 29, 1924; the fifth count charges the maintenance of a common nuisance on the same date; and the fourth count charges a prior conviction on March 21, 1923. The jury returned a verdict of guilty as to the two sales counts, and...

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