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SAPP v. UNITED STATES

No. 8394.

35 F.2d 580 (1929)

SAPP v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

October 7, 1929.

Attorney(s) appearing for the Case

C. F. Connolly, of Omaha, Neb. (Crofoot, Fraser, Connolly & Stryker, of Omaha, Neb., on the brief), for appellant.

James C. Kinsler, U. S. Atty., of Omaha, Neb. (Philip M. Aitken, Asst. U. S. Atty., of Lincoln, Neb., and Ambrose C. Epperson and George A. Keyser, Asst. U. S. Attys., both of Omaha, Neb., on the brief), for the United States.

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

KENYON, Circuit Judge.

Appellant was convicted on the second count of an information charging as a second offense the unlawful transportation of certain intoxicating liquor. The first count of the information, upon which there was an instructed verdict of not guilty, charged appellant with a second offense of having in his possession unlawfully certain intoxicating liquor.

We are met at the threshold of this proceeding with a motion to strike what is termed...

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