ROUDA v. UNITED STATES

No. 317.

10 F.2d 916 (1926)

ROUDA et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

March 1, 1926.


Attorney(s) appearing for the Case

Herman L. Falk, Leo H. Klugherz, and Leonard A. Snitkin, all of New York City, for plaintiffs in error.

Emory R. Buckner, U. S. Atty., of New York City (Horace G. Hitchcock, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before HOUGH, MANTON, and HAND, Circuit Judges.


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

The evidence was sufficient to sustain a verdict upon the count for manufacturing. Taylor was found in the very act of preparing the bottles and in the midst of paraphernalia proper for making whisky out of alcohol and water. Rouda was present and by his own admission was the owner of the "plant." Nothing more probative could have been asked. The conviction upon the possession count was, however, irregular, since...

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