KEMPF v. UNITED STATES

No. 2311.

33 F.2d 4 (1929)

KEMPF v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

June 11, 1929.


Attorney(s) appearing for the Case

John H. Backus and Nelson Edwards, both of Boston, Mass., for appellant.

John V. Spalding, Asst. U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., and Elihu D. Stone, Asst. U. S. Atty., both of Boston, Mass., on the brief), for the United States.

Before BINGHAM, and ANDERSON, Circuit Judges, and MORRIS, District Judge.


BINGHAM, Circuit Judge.

The defendant, appellant, was indicted and tried on three counts. In the first it was charged that, on the 9th day of August, 1927, he "did carry on the business of a distiller without having given bond as required by law," in violation of the provisions of section 3281 of the Revised Statutes (26 USCA § 306); in the second that, on the same date, "not being an authorized distiller," he "by distillation did separate certain alcoholic spirits...

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