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CHEATHAM v. STATE OF TEXAS

No. 6076.

48 F.2d 749 (1931)

CHEATHAM v. STATE OF TEXAS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 5, 1931.

Attorney(s) appearing for the Case

D. D. McDonald, of Galveston, Tex., and E. A. Berry and Robert L. Henry, both of Houston, Tex., for appellant.

E. T. Branch, of Houston, Tex., for the State of Texas.

Before FOSTER, SIBLEY, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

The appellant was convicted under the first of the two counts of an indictment found against him in the criminal district court of Harris county, Tex. The first count charged that appellant "on or about the 10th day of May, A. D. 1930, in said county and State did then and there commit the offense of transporting intoxicating liquor, as an accomplice, in this, to-wit: Ivy T. Wharton on or about said...

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