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HENRY v. UNITED STATES

No. 2011.

15 F.2d 365 (1926)

HENRY v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

Rehearing Denied November 30, 1926.

Attorney(s) appearing for the Case

Essex S. Abbott, of Boston, Mass. (Joseph V. Carroll, of Boston, Mass., on the brief), for plaintiff in error.

George R. Farnum, Asst. U. S. Atty., of Boston, Mass. (Harold P. Williams, U. S. Atty., of Boston, Mass., on the brief), for the United States.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

Henry was convicted of conspiracy to violate the National Prohibition Act (Comp. St. § 10138¼ et seq.), and was sentenced to a year and a day in jail and to pay a fine of $1,000. The assignments of error all relate to the disposition made of his plea of autrefois acquit, setting up an acquittal on October 29, 1925, under indictment No. 6401, in which, as he alleges, he was charged with the same offense as in the present case No....

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