BOURQUIN, District Judge.
Of three indicted for conspiracy to violate the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.), Keith was dismissed and used as plaintiff's witness, Welch was acquitted, and Thompson was convicted. He moves for a new trial, predicated (1) upon error assigned to the instruction in respect to reasonable doubt; and (2) upon insufficiency of the evidence.
Adverting to the first, the instruction is as...
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