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PORTMAN v. UNITED STATES

Nos. 8370, 8371.

34 F.2d 406 (1929)

PORTMAN v. UNITED STATES. ROSENBERG v. SAME.

Circuit Court of Appeals, Eighth Circuit.

August 29, 1929.

Attorney(s) appearing for the Case

Nelson E. Johnson and Walter W. Calvin, both of Kansas City, Mo. (Charles E. Thompson, of Kansas City, Mo., on the brief), for appellant Portman.

Walter W. Calvin, of Kansas City, Mo. (Harry L. Donnelly, of Kansas City, Mo., on the brief), for appellant Rosenberg.

William L. Vandeventer, U. S. Atty., of Kansas City, Mo. (Claude E. Curtis, Asst. U. S. Atty., of Jefferson City, Mo., on the brief), for the United States.

Before STONE, BOOTH, and GARDNER, Circuit Judges.

GARDNER, Circuit Judge.

On August 4, 1927, appellant Bennie Portman was indicted by the grand jury for the Western district of Missouri for the alleged crime of unlawfully, willfully, and feloniously, on or about April 14, 1927, selling one gallon of alcohol near 207 West Thirteenth street in Kansas City, Mo. The indictment also charged that Portman had been formerly convicted of an offense against the National Prohibition Act (27 USCA).

Appellant Ralph Rosenberg...

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