FOSTER, Circuit Judge.
In this case plaintiff in error was convicted of offenses denounced by the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). The indictment was in two counts. The first count charged unlawful possession of intoxicating liquor for beverage purposes in the city of San Antonio, Tex., as a third offense. The previous first offense was alleged to have been committed on the 28th day of November, 1922, in cause No. 3838...
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