FLOWERS v. UNITED STATES

No. 8074.

32 F.2d 1004 (1929)

FLOWERS v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

May 11, 1929.


Attorney(s) appearing for the Case

Orban C. Patterson, of Oklahoma City, Okl., for plaintiff in error.

Roy St. Lewis, U. S. Atty., and Herbert K. Hyde, Asst. U. S. Atty., both of Oklahoma City, Okl.

Before STONE, Circuit Judge, and FARIS and SYMES, District Judges.


STONE, Circuit Judge.

This is a writ of error from a conviction for unlawful sale of whisky. The information was in two counts, but, as the second count was dismissed during the trial, we are concerned only with the first count.

Two contentions are made here.

I. The first is that the court erred in refusing to permit the accused to withdraw a plea of not guilty and file a demurrer to the information. The information was filed April 29, 1927. The arraignment...

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