STACK v. UNITED STATES

No. 5433.

27 F.2d 16 (1928)

STACK et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 25, 1928.


Attorney(s) appearing for the Case

Charles H. Miller, of Seattle, Wash., for plaintiffs in error.

Anthony Savage, U. S. Atty., and Jeffrey Heiman, Asst. U. S. Atty., both of Seattle, Wash.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


GILBERT, Circuit Judge.

The plaintiffs in error, hereinafter named the defendants, were convicted of violation of section 37 of the Penal Code (18 USCA § 88) in entering into a conspiracy to possess and sell intoxicating liquor and to maintain a common nuisance in violation of the National Prohibition Act (27 USCA).

It is assigned as error that the trial court refused to instruct the jury that they should not consider the testimony concerning the possession...

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