POWE v. UNITED STATES

No. 4653.

11 F.2d 598 (1926)

POWE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 9, 1926.


Attorney(s) appearing for the Case

Samuel M. Johnston, of Mobile, Ala. (Phillip D. Beall and John M. Coe, both of Pensacola, Fla., and Smithes, Young, Leigh & Johnston, of Mobile, Ala., on the brief), for plaintiff in error.

Aubrey Boyles, U. S. Atty., and Joseph W. John, Asst. U. S. Atty., both of Mobile, Ala. (David R. Coley, Jr., Asst. U. S. Atty., of Mobile, Ala., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This is a writ of error to reverse a judgment of conviction on an indictment for conspiracy to violate the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). It is assigned as error that the trial court erred in refusing to sustain a plea of autrefois acquit and direct a verdict of not guilty.

The first count of the indictment charges that the defendant, Samuel Powe, conspired with one Daniel L. Jemison...

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