DONAHUE, Circuit Judge.
The plaintiff in error was jointly indicted with Charles Phillips, Holmes Morton, and William Sagamore for conspiracy to violate the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). Morton and Sagamore entered pleas of guilty. Marin stood mute, and the court directed a plea of not guilty to be entered for him. It does not appear from the record that Phillips was arrested or tried upon this indictment. The trial...
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