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GERK v. UNITED STATES

Nos. 8428, 8429.

33 F.2d 485 (1929)

GERK v. UNITED STATES. WOODCOCK v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

June 11, 1929.

Attorney(s) appearing for the Case

W. N. Jamieson, of Omaha, Neb., for appellants.

James C. Kinsler, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., Philip M. Aitken, Asst. U. S. Atty., of Lincoln, Neb., and George A. Keyser, Asst. U. S. Atty., of Omaha, Neb.

Before KENYON and VAN VALKENBURGH, Circuit Judges, and OTIS, District Judge.

VAN VALKENBURGH, Circuit Judge.

The appellants in the above-entitled causes were jointly indicted for violations of sections 3281 and 3282, R. S. U. S. (26 USCA §§ 193, 306, 307). The indictment contained four counts: The first, for unlawfully and feloniously making 700 gallons of mash fit for the production of spirits, said mash not having been made on the premises of a duly authorized distillery; the second, for unlawfully and feloniously fermenting said...

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