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STARK v. UNITED STATES

No. 8793.

44 F.2d 946 (1930)

STARK v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

November 14, 1930.

Attorney(s) appearing for the Case

Grenville P. North, of Omaha, Neb. (Harold P. Caldwell, of Omaha, Neb., on the brief), for appellant.

Edson Smith, Asst. U. S. Atty., of Omaha, Neb. (Charles E. Sandall, U. S. Atty., of York, Neb., Ambrose C. Epperson, Asst. U. S. Atty., and George A. Keyser, Asst. U. S. Atty., both of Omaha, Neb., and Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb., on the brief), for the United States.

Before KENYON, BOOTH, and GARDNER, Circuit Judges.

GARDNER, Circuit Judge.

In this case the appellant, hereinafter referred to as defendant, and his brother, Arthur S. Stark, were indicted in an indictment of five counts, the first charging the unlawful making of mash not on the premises of a duly authorized distillery; the second, the unlawful fermenting of mash not on the premises of a duly authorized distillery; the third, the unlawful separating spirits from mash, the...

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