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JOHNSON v. UNITED STATES

No. 7047.

12 F.2d 374 (1926)

Kirk JOHNSON, Plaintiff in Error, v. UNITED STATES of America, Defendant in Error.

Circuit Court of Appeals, Eighth Circuit.

April 19, 1926.

Attorney(s) appearing for the Case

Milford W. Rider, of Kansas City, Mo., for plaintiff in error.

C. C. Madison, U. S. Atty., of Kansas City, Mo. (S. M. Carmean, Asst. U. S. Atty., of Kansas City, Mo., on the brief), for the United States.

Before SANBORN, Circuit Judge, and MUNGER and JOHNSON, District Judges.

SANBORN, Circuit Judge.

The defendant below, Kirk Johnson, was charged by information, tried, convicted and sentenced to confinement for 90 days in the county jail at Butler, Mo., for the alleged offense of unlawful possession of five pints of whisky for beverage purposes on June 2, 1924. This is the same Kirk Johnson, night clerk of Mr. Brock in the latter's drug store in Kansas City, Mo., from whom, under the search and seizure described in the opinion which is...

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