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CEFALU v. UNITED STATES

No. 119.

37 F.2d 867 (1930)

CEFALU v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

January 24, 1930.

Attorney(s) appearing for the Case

Robert D. Charlton, of Denver, Colo. (Lewis DeR. Mowry, of Denver, Colo., on the brief), for appellant.

Ralph L. Carr, U. S. Atty., of Denver, Colo. (Charles E. Works, Asst. U. S. Atty., of Denver, Colo., on the brief), for the United States.

Before LEWIS, COTTERAL, and McDERMOTT, Circuit Judges.

COTTERAL, Circuit Judge.

An information was filed against appellant, his wife, and Frank Mazza, charging them with five violations of the National Prohibition Act (27 USCA), at Denver, Colo., in 1928. Mazza was acquitted. Mrs. Cefalu was convicted on all counts. Appellant was acquitted on counts 2 and 3 charging sales, and convicted on count 1 for possession of whisky on August 15, count 4 for a sale of whisky on August 8, and count 5 for maintaining a nuisance on...

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