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ROBERTS v. UNITED STATES

No. 4482.

11 F.2d 606 (1926)

ROBERTS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 23, 1926.

Attorney(s) appearing for the Case

Royall G. Smith, of El Paso, Tex. (Moore & Smith, of El Paso, Tex., on the brief), for plaintiff in error.

N. J. Morrisson, Asst. U. S. Atty., of El Paso, Tex. (John D. Hartman, U. S. Atty., and H. R. Gamble, Asst. U. S. Atty., both of El Paso, Tex., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Plaintiff in error, hereafter called defendant, was convicted on three counts of an indictment, which charged him and three others in the first count with the unlawful importation of intoxicating liquor from Mexico, in the second count with the unlawful possession of said liquor, and in the third count with conspiring to unlawfully transport same. He was sentenced on the first two counts, but no sentence was imposed under the third count. He...

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