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FOLEY v. UNITED STATES

No. 2079.

17 F.2d 88 (1927)

FOLEY v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

January 26, 1927.

Attorney(s) appearing for the Case

Essex S. Abbott, of Boston, Mass. (Joseph V. Carroll, of Boston, Mass., and John F. A. Merrill, of Portland, Me., on the brief), for plaintiff in error.

Frederick R. Dyer, U. S. Atty., of Portland, Me. (William B. Nulty, Asst. U. S. Atty., of Portland, Me., on the brief), for the United States.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

BINGHAM, Circuit Judge.

The respondent Foley was indicted in the federal District Court for Maine in six counts; the first three charging sales of intoxicating liquor, and the last three charging him with having aided, abetted, counseled, induced, and procured another to sell intoxicating liquor, in violation of section 3, tit. 2, of the Act of Congress of October 28, 1919 (Comp. St. § 10138½aa). The case was submitted to the jury on the last three counts...

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