EIERMAN v. UNITED STATES

No. 286.

46 F.2d 46 (1930)

EIERMAN v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

December 27, 1930.


Attorney(s) appearing for the Case

James H. Mathers and James C. Mathers, both of Oklahoma City, Okl., for appellant.

Roy St. Lewis, U. S. Atty., and Herbert K. Hyde, Asst. U. S. Atty., both of Oklahoma City, Okl., for the United States.

Before PHILLIPS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.


McDERMOTT, Circuit Judge.

The appellant was indicted for possession, transportation and sale of whisky. There was a directed verdict of acquittal as to the sale, a conviction as to possession and transportation, a fine of $500 for the possession, and a sentence of five years in the penitentiary and a fine of $5,000 for the transportation. Numerous errors are assigned.

The testimony for the government disclosed that agents Burns and Pauly had received reports...

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