McLEAN v. UNITED STATES

No. 4606.

8 F.2d 738 (1925)

McLEAN v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 12, 1925.


Attorney(s) appearing for the Case

John F. Dore, 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 sufficiency of the testimony to support a conviction under count 4 of the information is the only question presented for our consideration. The count in question charges the maintenance of a common nuisance, in violation of section 21 of title 2 of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138½jj). The only testimony offered in support of the charge was the following:

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