UTLEY v. UNITED STATES

No. 4479.

5 F.2d 963 (1925)

UTLEY et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 1, 1925.


Attorney(s) appearing for the Case

Walter Metzenbaum, of Seattle, Wash., for plaintiffs in error.

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

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


HUNT, Circuit Judge.

Writ of error to review a judgment of conviction under the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). Plaintiffs in error were convicted of possession and sale of intoxicating liquor, and of maintaining a common nuisance at a described place in Seattle.

The evidence of the government was that the place was an old saloon, with a bar and mirror, a table, and a few chairs; that twice on November 29,...

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