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ROSE v. UNITED STATES

No. 8369.

45 F.2d 459 (1930)

ROSE v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

November 14, 1930.

Attorney(s) appearing for the Case

Eugene D. O'Sullivan, of Omaha, Neb. (Charles J. Southard, of Omaha, Neb., on the brief), for appellant.

Edson Smith, Asst. U. S. Atty., of Omaha, Neb. (Charles E. Sandall, U. S. Atty., of York, Neb., Ambrose C. Epperson and George A. Keyser, Asst. U. S. Attys., both of Omaha, Neb., and Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb., on the brief), for the United States.

Before KENYON, BOOTH, and GARDNER, Circuit Judges.

BOOTH, Circuit Judge.

This is an appeal from a judgment of conviction under the National Prohibition Act. There were two informations filed. One (No. 5375) was against the appellant Rose and two other defendants. The other information (No. 5394) was against Rose alone. The two informations were consolidated for trial as to Rose. He was tried alone. Information 5375 contained six counts. The first three were for sales; the fourth and fifth were for possession; and...

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