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DAVIS v. UNITED STATES

No. 3138.

49 F.2d 269 (1931)

DAVIS et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

April 18, 1931.

Attorney(s) appearing for the Case

Kenneth J. Kindley and Marvin L. Ritch, both of Charlotte, N. C., for appellants.

Frank C. Patton, Asst. U. S. Atty., of Morganton, N. C., and Charles A. Jonas, U. S. Atty., of Lincolnton, N. C. (Thomas A. McCoy, Asst. U. S. Atty., of Asheville, N. C., on the brief), for the United States.

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

PER CURIAM.

W. W. Davis and George Ferguson were indicted and convicted in the court below of violations of the National Prohibition Act (27 USCA); and from sentences of imprisonment thereupon imposed, they have appealed. The principal question presented by their assignments of error relates to the action of the court in sustaining a demurrer to their plea in abatement, which alleged that seven of the jurors who joined in returning the bill of indictment had not paid...

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