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PISTILLO v. UNITED STATES

No. 7920.

26 F.2d 202 (1928)

PISTILLO v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

May 4, 1928.

Attorney(s) appearing for the Case

Maurice J. O'Reilly, of Omaha, Neb. (Grenville P. North, of Omaha, Neb., on the brief), for plaintiff in error.

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

Before WALTER H. SANBORN and LEWIS, Circuit Judges, and PHILLIPS, District Judge.

WALTER H. SANBORN, Circuit Judge.

Mr. Pistillo, the defendant below, was charged by the United States attorney in an information consisting of three counts: In the first, with selling at a place specified in Omaha, Neb., one-half pint of moonshine whisky containing more than one-half of 1 per cent. of alcohol by volume, fit for beverage purposes, to Valmor Preston on the 8th day of September, 1926; in the second count, with selling on the 15th day of September, 1926...

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