LILLY v. STATE OF WEST VIRGINIA

No. 2702.

29 F.2d 61 (1928)

LILLY v. STATE OF WEST VIRGINIA.

Circuit Court of Appeals, Fourth Circuit.

November 8, 1928.


Attorney(s) appearing for the Case

H. R. Gamble, Sp. Asst. Atty. Gen., and Armistead A. Lilly, of Charleston, W. Va. (James Damron, U. S. Atty., of Huntington, W. Va., Louis E. Graham, Chief Legal Adviser, Prohibition Administrator, Sixth District, of Beaver, Pa., and F. Horton Smith, Legal Adviser, Prohibition Administrator, Sixth District, of Pittsburgh, Pa., on the brief), for plaintiff in error.

Charles W. Ferguson, Pros. Atty. of Wayne County, W. Va., and W. Earl Burgess, both of Wayne, W. Va., for the State of West Virginia.

Before WADDILL and PARKER, Circuit Judges, and GRONER, District Judge.


WADDILL, Circuit Judge.

Plaintiff in error, hereinafter called defendant, is a prohibition agent in the service of the federal government. While chasing an automobile which he had reasonable cause to believe was engaged in transporting intoxicating liquor in violation of the National Prohibition Act, the automobile which he was driving struck and killed a pedestrian at a street intersection in the outskirts of Huntington, W...

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