ALLEN v. UNITED STATES

No. 5035.

26 F.2d 246 (1928)

ALLEN v. UNITED STATES.

Circuit Court of Appeals. Sixth Circuit.

May 10, 1928.


Attorney(s) appearing for the Case

Fred H. Parvin, of Greeneville, Tenn. (Susong, Susong & Parvin, of Greeneville, Tenn., and Greer & Greer, of Newport, Tenn., on the brief), for plaintiff in error.

Wilbur W. Piper, Asst. U. S. Atty., of Knoxville, Tenn. (Geo. C. Taylor, U. S. Atty., of Knoxville, Tenn., on the brief), for the United States.

Before DENISON and MOORMAN, Circuit Judges, and TUTTLE, District Judge.


PER CURIAM.

Upon the third and fourth counts of the indictment, charging that defendant sold and unlawfully possessed intoxicating liquor in January of 1926, there was sufficient evidence for the jury. There was, it is true, some evidence discrediting the witness whose evidence the government mainly relied upon to prove these offenses; but the witness testified unequivocally to the purchase of liquor from defendant at that time under circumstances which tended to...

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