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LIAS v. UNITED STATES

No. 3147.

51 F.2d 215 (1931)

LIAS et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

July 8, 1931.

Attorney(s) appearing for the Case

Howard D. Matthews and J. Bernard Handlan, both of Wheeling, W. Va. (G. Alan Garden and Handlan, Garden & Matthews, all of Wheeling, W. Va., on the brief), for appellants.

Frank E. Parrack, Asst. U. S. Atty., of Kingwood, W. Va., and Russell L. Furbee, Asst. U. S. Atty., of Fairmont, W. Va. (Arthur Arnold, U. S. Atty., of Parkersburg, W. Va., and Wm. C. Howard, Asst. U. S. Atty., of Wheeling, W. Va., on the brief), for the United States.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

NORTHCOTT, Circuit Judge.

The three appellants together with six others were indicted in the District Court of the United States for the Northern District of West Virginia, at the October term, charged with conspiring to violate the National Prohibition Act in violation of section 37 of the Federal Penal Code (18 USCA § 88), and were tried at the same term at which the indictment was returned. The three appellants had previously been arrested and taken before...

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