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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