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BEVINGTON v. UNITED STATES

No. 8463.

35 F.2d 584 (1929)

BEVINGTON v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

October 12, 1929.

Attorney(s) appearing for the Case

R. B. Schuyler and Carlos W. Goltz, both of Sioux City, Iowa (Goltz, Schuyler & Brown and E. G. Smith, all of Sioux City, Iowa, on the brief), for appellant.

B. E. Rhinehart, U. S. Atty., of Anamosa, Iowa.

Before BOOTH, Circuit Judge, and SANBORN and DEWEY, District Judges.

SANBORN, District Judge.

Marie Bevington entered a plea of guilty to the first count of an indictment charging sale of intoxicating liquor in violation of the National Prohibition Act (c. 85, 41 Stat. 305 [see 27 USCA]), with prior conviction. Her sentence was a fine of $323 and imprisonment in a county jail for 30 days.

The indictment against her originally contained two counts; the one to which she entered her plea; the other charging a nuisance and alleging...

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