CHAVEZ v. UNITED STATES

No. 7698.

23 F.2d 305 (1927)

CHAVEZ v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

December 5, 1927.


Attorney(s) appearing for the Case

William T. Burris, of Pueblo, Colo., for plaintiff in error.

Forrest C. Northcutt, Asst. U. S. Atty., of Denver, Colo. (George Stephan, U. S. Atty., of Denver, Colo., on the brief), for the United States.

Before LEWIS, Circuit Judge, and POLLOCK and SCOTT, District Judges.


SCOTT, District Judge.

Plaintiff in error was convicted upon two counts (2 and 3) of an information charging violation of the National Prohibition Act (27 USCA). Count 2 charged a sale on the 12th of August, 1926, of distilled spirits, to wit, whisky, and count 3 charged that on the same date plaintiff in error maintained a common nuisance at a certain soft drink parlor at the corner of Fifth and Main streets in the City of Durango, Colo. The sufficiency of neither...

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