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WYATT v. UNITED STATES

No. 3646.

23 F.2d 791 (1928)

WYATT et al. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied February 23, 1928.

Attorney(s) appearing for the Case

George Wasser and Charles B. Prichard, both of Pittsburgh, Pa., P. K. Shaner, of Greensburg, Pa., and Warren H. Van Kirk, and H. D. Hirsh, both of Pittsburgh, Pa., for plaintiffs in error.

John D. Meyer, U. S. Atty., and Joseph A. Richardson, Asst. U. S. Atty., of Pittsburgh, Pa.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

The indictment, drawn under section 37 of the Criminal Code (18 USCA § 88) and containing only one count, charged 19 persons with conspiring to commit an offense against the United States, namely, to violate provisions of the National Prohibition Act. 41 Stat. 305 (27 USCA). Fifteen were tried, 12 were convicted and sentenced and 11 have joined in this writ of error.

The conspiracy, as alleged, extended from 1921 until the finding...

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