FURLONG v. UNITED STATES

No. 6872.

10 F.2d 492 (1926)

FURLONG v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit

January 6, 1926.


Attorney(s) appearing for the Case

E. D. O'Sullivan, of Omaha, Neb. (W. N. Jamieson and C. J. Southard, both of Omaha, Neb., on the brief), for plaintiff in error.

George A. Keyser, Asst. U. S. Atty., of Omaha, Neb. (James C. Kinsler, U. S. Atty., of Omaha, Neb., Ambrose C. Epperson, Asst. U. S. Atty., of Clay Center, Neb., and Andrew C. Scott, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before KENYON and BOOTH, Circuit Judges, and AMIDON, District Judge.


AMIDON, District Judge.

Defendant was indicted for violating the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.), the first three counts charging unlawful sales, and the fourth the maintenance of a nuisance. These violations are charged as second offenses. The indictment sets out fully the information in the first prosecution charging in seven counts the unlawful sale of liquor, and in the ninth count the maintenance of a nuisance...

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