McELVOGUE v. UNITED STATES

No. 8787.

40 F.2d 889 (1930)

McELVOGUE v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

April 16, 1930.


Attorney(s) appearing for the Case

William K. Amick, of St. Joseph, Mo., for appellant.

William L. Vandeventer, U. S. Atty., of Kansas City, Mo. (Chet A. Keyes, Asst. U. S. Atty., of Kansas City, Mo., on the brief), for the United States.

Before STONE and VAN VALKENBURGH, Circuit Judges, and DAVIS, District Judge.


STONE, Circuit Judge.

This is an appeal from a conviction for violation of the National Prohibition Act.

The indictment was upon four counts each charging a sale of intoxicating liquor at the same place upon different dates. Upon a withdrawal of a plea of not guilty and the entry of a plea of guilty to the first count, the government dismissed the three other counts and appellant was sentenced to one year and one month in the penitentiary. The first count...

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