BINGHAM, Circuit Judge.
The defendant-appellant, on the 8th day of October, 1929, was indicted in three counts. The first count is not material to the questions raised.
In the second count it is charged that the defendant on the 9th day of August, 1929, at Laconia, in said district of New Hampshire, and within the jurisdiction of the court, without having received a permit from the Commissioner of Internal Revenue so to do, did then and there unlawfully sell...
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