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MILLER v. UNITED STATES

No. 7744.

21 F.2d 32 (1927)

MILLER v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

August 3, 1927.

Attorney(s) appearing for the Case

Edwin L. Weisl, of Chicago, Ill., and C. N. Jepson, of Sioux City, Iowa, for plaintiff in error.

B. E. Rhinehart, U. S. Atty., of Anamosa, Iowa, Don G. Mullan, Asst. U. S. Atty., of Sioux City, Iowa, and G. P. Linville, of Cedar Rapids, Iowa, for the United States.

Before KENYON, Circuit Judge, and MOLYNEAUX and JOHN B. SANBORN, District Judges.

JOHN B. SANBORN, District Judge.

The plaintiff in error was defendant in the court below, and in this opinion he will be so referred to.

The defendant, together with Frank J. Carpenter, William Rathbun, Alfred Cooper, and Martin C. Knudsen, was indicted, charged with a conspiracy to violate the National Prohibition Act (27 USCA [Comp. St. § 10138¼ et seq.]). All of the other defendants entered pleas of guilty and, with the exception of Knudsen, testified...

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