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MURPHY v. UNITED STATES

No. 7614.

18 F.2d 509 (1927)

MURPHY v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

March 29, 1927.

Attorney(s) appearing for the Case

Frank D. Rader, of Kansas City, Mo. (James M. Rader, of Kansas City, Mo., on the brief), for plaintiff in error.

William L. Vandeventer, Asst. U. S. Atty., of Kansas City, Mo. (Roscoe C. Patterson, U. S. Atty., and Robert R. Brewster, Asst. U. S. Atty., both of Kansas City, Mo., on the brief), for the United States.

Before LEWIS and VAN VALKENBURGH, Circuit Judges, and PHILLIPS, District Judge.

VAN VALKENBURGH, Circuit Judge.

Plaintiff in error was the proprietor of a soft drink "parlor" or saloon located at No. 9 Missouri avenue in Kansas City, Mo. April 14, 1926, the district attorney for the Western district of Missouri filed against Murphy an information containing three counts. The first count charged a sale of one-half pint of whisky on the 2d day of July, 1925; the second count charged possession of 52 pints of whisky on the 9th day of July, 1925...

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