JOHNSON v. UNITED STATES

No. 4647.

11 F.2d 606 (1926)

JOHNSON et al. v. UNITED STATES.

Circuit Court of Appeals. Fifth Circuit.

February 20, 1926.


Attorney(s) appearing for the Case

John S. Beard, of Pensacola, Fla., for plaintiffs in error.

Fred. Cubberly, U. S. Atty., of Gainesville, Fla., and G. E. Hoffman, Asst. U. S. Atty., of Pensacola, Fla.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


FOSTER, Circuit Judge.

Plaintiff in error Johnson was convicted with three others of conspiring to unlawfully import intoxicating liquor into the United States and to unlawfully transport, possess, and sell same. He assigns error to the overruling of a plea in abatement, the overruling of a demurrer, and the overruling of a motion in arrest of judgment. No other errors are assigned.

The plea in abatement was on the ground that the foreman of the grand jury...

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