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MELBY v. UNITED STATES

No. 5556.

28 F.2d 613 (1928)

MELBY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 15, 1928.

Attorney(s) appearing for the Case

Lucas C. Kells, of Seattle, Wash., for appellant.

Anthony Savage, U. S. Atty., and David Spalding, Asst. U. S. Atty., both of Seattle, Wash.

Before RUDKIN, DIETRICH, and HUNT, Circuit Judges.

RUDKIN, Circuit Judge.

This is a writ of error to review a judgment of conviction for unlawfully possessing intoxicating liquor in violation of the National Prohibition Act (27 USCA). The testimony on the part of the government tended to prove that the coast guard surprised three persons in the act of unloading intoxicating liquor from a skiff at Anacortes, Wash. The plaintiff in error, one of the persons thus surprised, was seen carrying a sack containing intoxicating...

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