MAHONEY v. UNITED STATES

No. 2704.

26 F.2d 902 (1928)

MAHONEY v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 12, 1928.


Attorney(s) appearing for the Case

J. Raymond Gordon, of Charleston, W. Va., for plaintiff in error.

James Damron, U. S. Atty., of Huntington, W. Va. (Lawrence L. McClure, Asst. U. S. Atty., of Huntington, W. Va., on the brief), for the United States.

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


GRONER, District Judge.

The plaintiff in error, who was defendant below, was convicted of the unlawful sale of liquor, and sentenced to six months' imprisonment in the county jail. The evidence on which the government relied to secure a conviction was given by an "informer," who was sent by prohibition officers to the residence of the defendant and returned with a pint of whisky, which he delivered to the officers with the statement that he had purchased it from the...

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