INCH, J.
From the motion papers it appears that one Mortimer Kelly was arrested on the 16th day of February, 1931, by prohibition agents, charged with having sold to an agent a quart of gin. He was thereupon arraigned before a United States commissioner. It does not appear what has happened further in the case. I infer however, if held by the commissioner, he has not as yet been tried.
It further appears that immediately after his arrest and before his arraignment...
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