PARKER, Circuit Judge.
W. E. Cisson, defendant in the court below, was indicted for the sale on September 14, 1928, of a pint of apple brandy in violation of the National Prohibition Act. It was charged that this was a second offense, and that he had been convicted of a first offense more than two years prior thereto. On May 28, 1929, he appeared in court and pleaded guilty and was sentenced to a term of five years in the penitentiary,
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