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KEARNS v. UNITED STATES

No. 5449.

27 F.2d 854 (1928)

KEARNS et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 8, 1928.

Attorney(s) appearing for the Case

John F. Dore and F. C. Reagan, both of Seattle, Wash., for plaintiffs in error.

Thos. P. Revelle, U. S. Atty., and Paul D. Coles and Anthony Savage, Asst. U. S. Attys., all of Seattle, Wash.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

This is a writ of error to review a judgment of conviction under an indictment charging a conspiracy to violate the National Prohibition Act (27 USCA). The assignments of error are based on instructions of the court, on refusals to instruct as requested, and on misconduct of the attorney for the government in his argument to the jury. The first instruction to which our attention is directed is an instruction...

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