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SCHECHTER v. UNITED STATES

No. 344.

7 F.2d 881 (1925)

SCHECHTER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 3, 1925.

Attorney(s) appearing for the Case

Wallace E. J. Collins, of Jamaica, N. Y., and Morris Kamber, of Brooklyn, N. Y. (Otho S. Bowling, of New York City, of counsel), for plaintiff in error.

Ralph C. Greene, U. S. Atty., of Brooklyn, N. Y. (William A. De Groot, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

Before ROGERS, HOUGH, and HAND, Circuit Judge.

HAND, Circuit Judge.

Schechter was a druggist in Richmond Hill, Long Island. He had had a license to possess and sell whisky at another place, but on December 8, 1923, he had just moved to the opposite corner of the street, and the night in question was that on which he opened his new shop. A prohibition agent entered in company with a woman at 11 p. m., made a purchase of candy, and then stepped up to the clerk behind the counter and asked him for a bottle of rye...

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