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TODD v. UNITED STATES

No. 5958.

48 F.2d 530 (1931)

TODD et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 5, 1931.

Attorney(s) appearing for the Case

Morris M. Givens and C. J. Hardee, both of Tampa, Fla., for appellants.

W. P. Hughes, U. S. Dist. Atty., of Jacksonville, Fla.

Before FOSTER, Circuit Judge, and HUTCHESON and SIBLEY, District Judges.

HUTCHESON, District Judge.

In this case, upon the trial of an indictment joining three counts, one against Chevis, one against Todd, and one against Todd and Day jointly, Chevis was acquitted, and Todd and Day found guilty as charged.

The first count charged in substance that on the 8th day of October, 1929, at Tampa, Hillsborough county, Fla., one T. M. Chevis had in his unlawful possession one pint of whisky; the second that Pirl Todd did, on the same day...

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