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FOGUS v. UNITED STATES

Nos. 2866, 2867.

34 F.2d 97 (1929)

FOGUS v. UNITED STATES. FINK et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

July 15, 1929.

Attorney(s) appearing for the Case

J. Raymond Gordon, of Charleston, W. Va., for appellants.

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

Before NORTHCOTT, Circuit Judge, and SOPER and HAYES, District Judges.

PER CURIAM.

The appellants in the two cases, Fogus in the one case and Fink and Jack in the other, entered pleas of guilty in the court below to indictments charging in the first count violation of the National Prohibition Act (27 USCA) and in the second and third counts violation of section 3296 R. S. U. S. (26 USCA § 404). Fogus entered his plea on the 22d day of November, 1928, and Fink and Jack on the 23d day of November, 1928.

Fogus was fined $200...

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