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STEWART v. UNITED STATES

No. 4496.

12 F.2d 524 (1926)

STEWART et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 7, 1926.

Attorney(s) appearing for the Case

G. M. Spicer, of Long Beach, Cal., and C. W. Pendleton, of Los Angeles, Cal. (Hugh F. Keon, Jr., and Edward A. O'Dea, both of San Francisco, Cal., of counsel), for plaintiff in error Stewart.

Chas. J. Wiseman, Hugh L. Smith, and James M. Hanley, all of San Francisco, Cal., for plaintiff in error Miller.

Mack Meader and Chas. Scholz, both of Los Angeles, Cal., for plaintiffs in error Miller and Lund.

Robert O'Connor, of Los Angeles, Cal., for plaintiff in error Kubota.

Samuel W. McNabb, U. S. Atty., and Mark L. Herron, Sp. Asst. U. S. Atty., both of Los Angeles, Cal.

Before HUNT, RUDKIN, and MORROW, Circuit Judges.

RUDKIN, Circuit Judge.

The indictment in this case contains four counts, and names numerous defendants. The first and fourth counts charge conspiracies to commit certain offenses against the United States. The second count charges that the defendants did knowingly, willfully, unlawfully and feloniously, and with intent to defraud the revenues of the United States, smuggle and clandestinely bring into the United States from the Dominion of Canada certain intoxicating...

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