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MURPHY v. UNITED STATES

No. 5872.

35 F.2d 1019 (1929)

Dan T. MURPHY, Appellant, v. UNITED STATES, Appellee.

Circuit Court of Appeals, Ninth Circuit.

November 25, 1929.

Attorney(s) appearing for the Case

W. E. Keeley, of Deer Lodge, Mont., and Virginia McGuire, of Seattle, Wash., for appellant.

Wellington D. Rankin, U. S. Atty., and Howard A. Johnson and Arthur P. Acher, Asst. U. S. Attys., all of Helena, Mont.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

Appellant was convicted on two counts for the violation of the National Prohibition Act (27 USCA). The first count charged unlawful possession of intoxicating liquor, and the second charged the maintenance of a common nuisance where intoxicating liquors were possessed and kept. The indictment alleged the commission of four previous offenses. Appellant urges as a ground for the reversal of the judgment the insufficiency of the evidence to support...

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