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KEITH v. UNITED STATES

No. 4446.

11 F.2d 933 (1926)

KEITH et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

March 12, 1926.

Attorney(s) appearing for the Case

Charles Fennell, of Lexington, Ky., for plaintiffs in error.

Sawyer A. Smith, U. S. Atty., of Covington, Ky. (John E. Shepard, Asst. U. S. Atty., of Covington, Ky., on the brief), for the United States.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

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

The defendants, by demurrer, challenged the sufficiency of the indictment, and the overruling of that demurrer is assigned as error. Section 3 of title 2 of the National Prohibition Act provides in express terms that "no person shall * * * possess any intoxicating liquor except as authorized in this act." Section 33 of the same title (Comp. St. Ann. Supp. 1923, § 10138½t), provides that "it shall...

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