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HILL v. UNITED STATES.

No. 5930.

47 F.2d 220 (1931)

HILL v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 10, 1931.

Attorney(s) appearing for the Case

R. A. Hendricks, of Miami, Fla. (B. E. Hendricks, of Miami, Fla., on the brief), for appellant.

W. P. Hughes, U. S. Atty., of Jacksonville, Fla., B. R. Cisco, Asst. U. S. Atty., of Miami, Fla. (Louis S. Joel, Asst. U. S. Atty., of Jacksonville, Fla., on the brief), for the United States.

Before FOSTER, Circuit Judge, and HUTCHESON and SIBLEY, District Judges.

FOSTER, Circuit Judge.

Appellant was convicted on three counts of an indictment charging violations of the National Prohibition Act, and a general sentence of imprisonment for a year and a day was imposed.

The first and second counts respectively of the indictment charge the unlawful sale of four and three glasses of whisky containing more than one-half of 1 per cent. of alcohol by volume for beverage purposes at Miami, in Dade county, Fla., and within the...

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