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DAY v. UNITED STATES

No. 8616.

37 F.2d 80 (1929)

DAY v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

December 16, 1929.

Attorney(s) appearing for the Case

Harry B. Fleharty, of Omaha, Neb., for appellant.

Edson Smith, Asst. U. S. Atty., of Omaha, Neb. (James C. Kinsler, U. S. Atty., Ambrose C. Epperson and George A. Keyser, Asst. U. S. Attys., all of Omaha Neb., and Philip M. Aitken, Asst. U. S. Atty., of Lincoln, Neb., on the brief), for the United States.

Before KENYON and BOOTH, Circuit Judges, and REEVES, District Judge.

KENYON, Circuit Judge.

Appellant was found guilty on each of eight counts of an indictment based on alleged violations of sections 3266, 3281, and 3282, Revised Statutes of the United States (26 USCA §§ 291, 306, 307).

The first three counts charge the unlawful making of mash and the fermenting of mash fit for production of spirits, and the unlawful using of a still for the purpose of distilling at 1609½ North Twenty-Fourth street, Omaha, Neb...

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