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UNITED STATES v. DOWNING

No. 443.

51 F.2d 1030 (1931)

UNITED STATES v. DOWNING et al.

Circuit Court of Appeals, Second Circuit.

July 17, 1931.

Attorney(s) appearing for the Case

William B. Mahoney, of Buffalo, N. Y., for appellant Downing.

John S. McGovern, of Buffalo, N. Y., for appellant Downey.

Richard H. Templeton, of Buffalo, N. Y. (Justin C. Morgan, of Buffalo, N. Y., of counsel), for the United States.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

Downing and Downey were convicted of conspiring to import from Canada a cargo of intoxicating liquor into the United States at Buffalo. The evidence of the prosecution was that one, Devine, met Downing in Hamilton, Ontario, and agreed with him to bring a thousand cases of ale into the United States. Later he had a telephone talk with Downing, and arranged to have the ale brought in by some one else, as Devine was leaving Buffalo for a time...

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