WADDILL, Circuit Judge.
Plaintiff in error, hereinafter referred to as defendant, was indicted at the June term, 1925, for violating the provisions of section 3, title 2, of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138½aa), the first count charging the unlawful sale of intoxicating liquors, and the second count the unlawful possession of such liquors. The first trial resulted in a hung jury, and on the second trial, several days after...
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