GAUGHAN v. UNITED STATES

No. 7389.

19 F.2d 897 (1927)

GAUGHAN v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

May 5, 1927.


Attorney(s) appearing for the Case

Eugene D. O'Sullivan, of Omaha, Neb. (William N. Jamieson and Charles J. Southard, both of Omaha, Neb., on the brief), for plaintiff in error.

George A. Keyser, Asst. U. S. Atty., of Omaha, Neb. (James C. Kinsler, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., and William J. Froelich, Asst. U. S. Atty., of O'Neill, Neb., and Andrew C. Scott, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before LEWIS and BOOTH, Circuit Judges, and PHILLIPS, District Judge.


LEWIS, Circuit Judge.

Plaintiff in error was tried and convicted on the second, third, fourth and fifth counts of an indictment. At the direction of the court he was acquitted on the first count, which charged him and another with a conspiracy to violate the National Prohibition Act (Comp. St. § 10138¼ et seq.). The second count charged that on or about May 7, 1925, at Omaha, Nebraska, Gaughan and another named person transported ten gallons of beverage...

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