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McSHANN v. UNITED STATES

No. 122.

38 F.2d 635 (1930)

McSHANN v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

February 8, 1930.

Attorney(s) appearing for the Case

H. T. Walker, of Muskogee, Okl., for appellant.

Frank Lee, U. S. Atty., and W. F. Rampendahl, Asst. U. S. Atty., both of Muskogee, Okl.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PER CURIAM.

The defendant was convicted of possessing a still designed and intended for the manufacture of liquor.

Error is assigned because of the refusal of the trial court to continue the cause in order that the defendant might procure the attendance of a material witness. The defendant was arrested on May 1, 1928, and tried December 3, 1928. The affidavit for continuance was filed the day of the trial. It sets out that the witness resides in Kansas City...

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