CUMMINGS v. UNITED STATES

No. 4697.

15 F.2d 168 (1926)

CUMMINGS et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied November 22, 1926.


Attorney(s) appearing for the Case

John F. Dore and F. C. Reagan, both of Seattle, Wash., for plaintiffs in error.

Thos. P. Revelle, U. S. Atty., and C. T. McKinney, Asst. U. S. Atty., both of Seattle, Wash.

Before RUDKIN, Circuit Judge, and DIETRICH and KERRIGAN, District Judges.


DIETRICH, District Judge.

Defendants were convicted on two counts; one charging conspiracy to violate the National Prohibition Act (Comp. St. § 10138¼ et seq.), and one for the manufacture of intoxicating liquor.

The first assignment is that the court erred in declining to order a bill of particulars. Generally this is a matter within the sound discretion of the trial court, and, while some of the data asked for might very properly have been ordered...

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