JAMES, District Judge.
This appeal was taken from a judgment of imprisonment entered in the District Court against appellant upon his conviction by a jury on a charge that he had conducted and maintained a place which constituted a common nuisance under the provisions of the Federal Prohibition Act (title 2, § 21 [27 USCA § 33]).
The indictment as returned by the grand jury contained four counts, the first and third counts charged unlawful sales...
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