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PERRY v. UNITED STATES

No. 4803.

14 F.2d 88 (1926)

PERRY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

August 2, 1926.

Attorney(s) appearing for the Case

Edward A. O'Dea, of San Francisco, Cal., for plaintiff in error.

Geo. J. Hatfield, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal., for the United States.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

HUNT, Circuit Judge.

Perry was convicted under three counts, charging violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.): (1) Maintenance of a common nuisance on or about the 28th of February, 1925, at 30 Jackson street, San Francisco, by keeping for sale 11 pints of jackass brandy; (2) unlawful possession of said liquor at the same time and place; (3) at the same place having on February 12, 1925, sold certain intoxicating...

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