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BURKHARDT v. UNITED STATES

No. 4540.

13 F.2d 841 (1926)

BURKHARDT v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

June 10, 1926.

Attorney(s) appearing for the Case

Augustus L. Gebhard and Charles Edwin Scott, both of Bryan, Ohio (Fraser, Hiett & Wall, of Toledo, Ohio, on the brief), for plaintiff in error.

D. L. Sears, Asst. U. S. Atty., of Toledo, Ohio (A. E. Bernsteen, U. S. Atty., of Cleveland, Ohio, and Eugene T. Lippincott, of Lima, Ohio, on the brief), for the United States.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

MOORMAN, Circuit Judge.

Burkhardt, with others, was indicted, charged with entering into a conspiracy to violate the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). Thirty-three overt acts were alleged in the indictment. Before trial nine of the defendants pleaded guilty and two were dismissed. During the trial four more pleaded guilty and two were discharged. Burkhardt was convicted, fined $1,000, and sentenced to confinement in...

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