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FRISCH v. UNITED STATES

No. 3501.

17 F.2d 81 (1927)

FRISCH et al. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

January 11, 1927.

Attorney(s) appearing for the Case

Elwood S. Leary and William H. Parry, both of Newark, N. J., for plaintiffs in error.

Walter G. Winne, U. S. Atty., of Hackensack, N. J., and Richard C. Plumer, Asst. U. S. Atty., of Newark, N. J., for the United States.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below, Charles and Edward Frisch and Jacob Goldstein were indicted for violation of the National Prohibition Act (Comp. St. § 10138¼ et seq.). Goldstein pleaded guilty and the Frischs were tried, convicted, and sentenced. Whereupon they sued out this writ of error. At the trial, the case turned on the question whether the jury believed Goldstein on the one hand or the two Frischs on the other. Goldstein, who was called...

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