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TOMPLAIN v. UNITED STATES

No. 5615.

42 F.2d 203 (1930)

TOMPLAIN et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 6, 1930.

Attorney(s) appearing for the Case

Hugh M. Wilkinson, of New Orleans, La., and C. A. Morvant, of Thibodaux, La. (Finnorn & Todd, John J. Finnorn, and Robert B. Todd, all of New Orleans, La., on the brief), for appellants.

Edmond E. Talbot, U. S. Atty., of New Orleans, La.

Before BRYAN and FOSTER, Circuit Judges, and HOLMES, District Judge.

FOSTER, Circuit Judge.

Appellants, Walter Tomplain, Elexandre Mitchell, and Octave Calle, were convicted on an indictment, which, omitting formal parts, charged that they did "unlawfully, wilfully, knowingly, feloniously, and fraudulently import and bring into the United States contrary to law, certain merchandise consisting of 226 Sacks, twelve bottles each, of Whiskey; 76 five gallon tins of Alcohol, and 28 Cases of Alcohol, consisting of two five gallon tins each...

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