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MARTIN v. UNITED STATES

Nos. 4878, 4879.

17 F.2d 973 (1927)

MARTIN v. UNITED STATES. WENTZELL v. SAME.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 15, 1927.

Attorney(s) appearing for the Case

S. C. Mize and J. H. Mize, both of Gulfport, Miss., and J. McHenry Jones and P. D. Beall, both of Pensacola, Fla., and Edw. Dinkelspiel, of New Orleans, La. (John C. Davey, of New Orleans, La., on the brief), for plaintiff in error Martin.

S. C. Mize and J. H. Mize, both of Gulfport, Miss., and J. McHenry Jones and P. D. Beall, both of Pensacola, Fla., for plaintiff in error Wentzell.

Fred Cubberly, U. S. Atty., of Gainesville, Fla., and G. E. Hoffman, Asst. U. S. Atty., of Pensacola, Fla.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Peter Martin and Louis Wentzell were convicted as charged in an indictment brought against them and a number of other defendants under section 37 of the Criminal Code (Comp. St. § 10201) alleging a conspiracy to import, transport, possess, and sell intoxicating liquors for beverage purposes, in violation of the National Prohibition Act (Comp. St. § 10138¼ et seq.). Several overt acts to effect the object of the conspiracy were...

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