DRISKILL v. UNITED STATES

No. 5180.

24 F.2d 525 (1928)

DRISKILL v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 26, 1928.


Attorney(s) appearing for the Case

Croaff & Conway and Spencer B. Pugh, all of Phœnix, Ariz., for plaintiff in error.

John B. Wright, U. S. Atty., of Tucson, Ariz., and George Guy Axline, Asst. U. S. Atty., of Phœnix, Ariz.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


GILBERT, Circuit Judge.

The plaintiff in error and one W. K. Moss were convicted on six counts of an information charging them with the sale and the possession of intoxicating liquor on May 19, 20, and 22, 1926. It was shown by the prosecution that on each of those dates one Vail, a prohibition agent, purchased in the café of the plaintiff in error, at Phœnix, Ariz., a pint bottle of whisky, which was obtained from Moss with the knowledge and acquiescence...

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