LUCKING v. UNITED STATES

Nos. 3719-3722, 3726, 3748.

14 F.2d 881 (1926)

LUCKING et al. v. UNITED STATES, and five other cases.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied November 11, 1926.


Attorney(s) appearing for the Case

Thomas L. Pogue, of Cincinnati, Ohio, and Levi Cooke, of Washington, D. C., for plaintiffs in error Lucking and Landon.

T. J. Rowe and Charles A. Houts, both of St. Louis, Mo., Levi Cooke, of Washington, D. C., and John T. Murray, of Chicago, Ill., for plaintiffs in error O'Hare and others.

T. J. Rowe and William Baer, both of St. Louis, Mo., and Levi Cooke, of Washington, D. C., for plaintiff in error Whalen.

Charles A. Houts, of St. Louis, Mo., and Levi Cooke, of Washington, D. C., for plaintiffs in error Goldstein and Stratton.

Albert Ward, of Indianapolis, Ind., for the United States.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


ALSCHULER, Circuit Judge (after stating the facts as above).

The indictment is sharply challenged by all plaintiffs in error on the ground that no conspiracy is charged in the district of Indiana, and no venue is laid in Indiana, but only in Missouri. That part of the indictment which describes the conspiracy charges its formation and existence in Missouri, and while it is alleged that one of the objects of the conspiracy was to transport the whisky into or through...

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