HARRIS v. UNITED STATES

No. 4426.

10 F.2d 358 (1926)

HARRIS v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 5, 1926.


Attorney(s) appearing for the Case

John E. Garner, of Springfield, Tenn. (Nelson H. Carver, of Nashville, Tenn., on the brief), for plaintiff in error.

A. V. McLane, U. S. Atty., of Nashville, Tenn. (Howard B. Shofner, Asst. U. S. Atty., of Nashville, Tenn., on the brief), for the United States.

Before DONAHUE, MOORMAN, and KNAPPEN, Circuit Judges.


DONAHUE, Circuit Judge.

The defendant was indicted, convicted, and sentenced for a second offense of unlawfully selling intoxicating liquors.

Upon the first trial of this cause the jury disagreed. Immediately following the discharge of that jury another jury was called and a second trial had, resulting in a verdict of guilty.

It is claimed by the plaintiff in error that the court in ordering an immediate retrial of this cause over his objection denied...

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