CLIFT v. UNITED STATES

No. 4980.

22 F.2d 549 (1927)

CLIFT et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

November 18, 1927.


Attorney(s) appearing for the Case

Fred C. Houk, of Knoxville, Tenn., and O. L. McMahon, of Morristown, Tenn., for plaintiffs in error.

Geo. C. Taylor, U. S. Atty., of Knoxville, Tenn.

Before DENISON and MOORMAN, Circuit Judges, and RAYMOND, District Judge.


DENISON, Circuit Judge.

The two plaintiffs in error, father and son, were convicted under an indictment which in general terms charged a conspiracy to manufacture, possess, and sell intoxicating liquor. Interpreting the general terms of the indictment by the overt acts alleged and by the proofs, it is clear that the intention was to prosecute the defendants for two separable plans to violate the law, although the two might be said in a vague way to be branches of...

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