FISHER v. UNITED STATES

No. 2842.

32 F.2d 602 (1929)

FISHER v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

May 3, 1929.


Attorney(s) appearing for the Case

Lively & Stambaugh, of Charleston, W. Va., for appellant.

Edmund Marshall, Asst. U. S. Atty., of Huntington, W. Va. (James Damron, U. S. Atty., of Huntington, W. Va., on the brief), for the United States.

Before PARKER and NORTHCOTT, Circuit Judges, and ERNEST F. COCHRAN,, District Judge.


ERNEST F. COCHRAN, District Judge.

The appellant, who was the defendant below, and will hereafter be referred to as the defendant, was convicted upon an information containing three counts; the first count charging unlawful possession of intoxicating liquor (charged as a second offense), the second count charging the sale of intoxicating liquor, and the third count charging the maintenance of a common nuisance, a place where intoxicating liquor was kept, bartered...

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