MARCO v. UNITED STATES

No. 5386.

26 F.2d 315 (1928)

MARCO et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

May 21, 1928.


Attorney(s) appearing for the Case

Harold C. Faulkner and James B. O'Connor, both of San Francisco, Cal., and Thomas P. White, Vincent C. Hickson, and A. P. G. Steffes, all of Los Angeles, Cal., for plaintiffs in error.

Samuel W. McNabb, U. S. Atty., and Donald Armstrong, Asst. U. S. Atty., both of Los Angeles, Cal.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


RUDKIN, Circuit Judge.

This is a writ of error to review a judgment of conviction under two counts of an information charging the unlawful possession of intoxicating liquor and the unlawful maintenance of a common nuisance. The grounds for reversal are insufficiency of the evidence to support the verdict and judgment, double jeopardy, and misconduct on the part of certain members of the jury.

The sufficiency of the testimony to support the verdict was not...

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