BECKER v. UNITED STATES

No. 4180.

36 F.2d 472 (1929)

BECKER v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

November 26, 1929.


Attorney(s) appearing for the Case

Max V. Schoonmaker and Aaron M. Jaffe, both of Pittsburgh, Pa., for appellant.

John D. Meyer, U. S. Atty., and Zeno Fritz, Asst. U. S. Atty,. both of Pittsburgh, Pa.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


WOOLLEY, Circuit Judge.

The single question on this appeal is whether, in the state of the pleading, the sentence imposed for a second offense of possessing liquor in violation of the National Prohibition Act (27 USCA) is lawful.

The first three counts of the indictment charged unlawful sales of liquor, the fourth unlawful possession of liquor and the fifth maintenance of a nuisance. The sixth count alleged that the defendant had, on a date prior to those...

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