NEAL v. UNITED STATES

No. 2619.

22 F.2d 52 (1927)

NEAL v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

October 18, 1927.


Attorney(s) appearing for the Case

John W. McCauley, of Roanoke, Va., for plaintiff in error.

C. E. Gentry, Asst. U. S. Atty., of Charlottesville, Va. (J. C. Shaffer, U. S. Atty., of Roanoke, Va., on the brief), for the United States.

Before PARKER and NORTHCOTT, Circuit Judges, and SOPER, District Judge.


PARKER, Circuit Judge.

The plaintiff in error was defendant in the court below and will be so designated here. He was convicted of violating the National Prohibition Act (27 USCA), after being twice tried under the same indictment, at the same term of court. On the first of these trials the jury were unable to agree, and a mistrial was ordered. When the case was again called for trial on the following day, defendant objected...

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