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BILLINGSLEY v. UNITED STATES

No. 7363.

16 F.2d 754 (1926)

BILLINGSLEY et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

December 1, 1926.

Attorney(s) appearing for the Case

John T. Harley, of Tulsa, Okl. (Rollie C. Clark, of Vinita, Okl., on the brief), for plaintiffs in error.

John M. Goldesberry, U. S. Atty., of Tulsa, Okl. (W. L. Coffey, Asst. U. S. Atty., of Tulsa, Okl., on the brief), for the United States.

Before VAN VALKENBURGH and BOOTH, Circuit Judges, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

An indictment containing three counts was returned in the Northern district of Oklahoma against Frank Billingsley and Charles Harris (hereinafter called defendants). The first count was based unon section 37 of the Penal Code (Comp. St. § 10201). It charged that the defendants, on or about the 8th day of July, 1925, conspired and agreed to commit an offense against the United States, to wit, to have possession of and sell intoxicating...

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