MORRIS, District Judge.
To an indictment charging Perry Tyler with a third offense under the Volstead Act the defendant has pleaded autrefois convict. To this plea the government has demurred. The plea is based upon the fact that at the June term, 1925, Tyler was charged by information with having committed the same offense; that he entered a plea of "guilty," and was sentenced to serve a term of 15 months in the federal prison at Atlanta, Ga. It is conceded that...
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