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DOWDY v. UNITED STATES

Nos. 3028, 3038.

46 F.2d 417 (1931)

DOWDY v. UNITED STATES. FUNK v. SAME.

Circuit Court of Appeals, Fourth Circuit.

January 13, 1931.

Attorney(s) appearing for the Case

John W. Carter, Jr., of Danville, Va., and Julius C. Smith, of Greensboro, N. C. (Brooks, Parker, Smith & Wharton, of Greensboro, N. C., and Carter & Talbott, of Danville, Va., on the brief), for appellant Dowdy.

Charles A. Hammer, of Harrisonburg, Va., for appellant Funk.

E. L. Gavin, U. S. Atty., of Greensboro, N. C., for the United States.

Before NORTHCOTT, Circuit Judge, and GRONER and ERNEST F. COCHRAN, District Judges.

ERNEST F. COCHRAN, District Judge.

The appellants (hereinafter styled the defendants) were convicted under an indictment charging them with conspiracy, under section 37, Criminal Code (U. S. Code, title 18, § 88 [18 USCA § 88]), to violate the prohibition law in a number of particulars. They have appealed separately, but their appeals were heard together in this court, and as some of the grounds of appeal are common, they will be considered together.

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