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DAVIS v. UNITED STATES

No. 3133.

49 F.2d 267 (1931)

DAVIS v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

April 18, 1931.

Attorney(s) appearing for the Case

Hiram P. Whitacre and Samuel E. Vest, both of Charlotte, N. C., for appellant.

Chas. A. Jonas, U. S. Atty., of Lincolnton, N. C., and Frank C. Patton, Asst. U. S. Atty., of Morganton, N. C., and Thomas A. McCoy, Asst. U. S. Atty., of Asheville, N. C.

Before PARKER and NORTHCOTT, Circuit Judges, and McCLINTIC, District Judge.

PER CURIAM.

Appellant, with others, was indicted in the District Court of the United States for the Western District of North Carolina, on a charge of violating the National Prohibition Act (27 USCA). On trial at Charlotte, N. C., at the October term, 1930, Davis was found guilty of unlawful sale of intoxicating liquors. On a count alleging unlawful possession on which the jury returned a verdict of guilty, judgment was suspended, and on a count alleging one of the...

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