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LAU v. UNITED STATES

No. 7358.

13 F.2d 975 (1926)

LAU v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 20, 1926.

Attorney(s) appearing for the Case

William B. Schroder, of Rock Island, Ill., for plaintiff in error.

Ross R. Mowry, U. S. Atty., of Newton, Iowa (Ray C. Fountain, Asst. U. S. Atty., of Des Moines, Iowa, and Frank F. Wilson, Asst. U. S. Atty., of Mount Ayr, Iowa, on the brief), for the United States.

Before LEWIS, Circuit Judge, and TRIEBER and KENNAMER, District Judges.

TRIEBER, District Judge.

The plaintiff in error, hereinafter referred to as the defendant, was indicted in two counts for violations of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). The first count charged the violation to be the second offense. A demurrer to the indictment was by the court overruled, and upon a trial to a jury he was found guilty on the first count and judgment entered on the verdict.

The demurrer to...

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