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MUSEY v. UNITED STATES

No. 5619.

37 F.2d 673 (1930)

MUSEY et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

January 29, 1930.

Attorney(s) appearing for the Case

Joseph A. M'Caleb, of New Orleans, La., and William H. Scott and Clarence Kendall, both of Houston, Tex. (Wayne C. Depew, of Houston, Tex., on the brief), for appellants.

H. M. Holden, U. S. Atty., of Houston, Tex. (Howell Ward, Asst. U. S. Atty., of Houston, Tex., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Appellants were convicted upon an indictment which charged them in separate counts with conspiracy to smuggle, and with smuggling, intoxicating liquor into the United States, and with concealing such liquor with knowledge that it had been unlawfully imported, all in violation of 19 USCA §§ 496 and 497. They did not question the sufficiency of the indictment by demurrer or otherwise, nor do they...

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