THOMAS v. UNITED STATES

No. 271.

46 F.2d 460 (1931)

THOMAS v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

January 5, 1931.


Attorney(s) appearing for the Case

James H. Mathers and James C. Mathers, both of Oklahoma City, Okl., for appellant.

Roy St. Lewis, U. S. Atty., and Herbert K. Hyde, Asst. U. S. Atty., both of Oklahoma City, Okl.

Before PHILLIPS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.


POLLOCK, District Judge.

The appellant, as defendant, was indicted, tried, and convicted on an indictment which contained two counts; one charging him with the offense of unlawful possession of whisky, the other with the unlawful transportation of whisky. Defendant was convicted on both counts and appeals to this court.

While there is no question raised which challenges the sufficiency of the evidence to sustain the conviction by motion for instructed verdict...

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