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KUBIK v. UNITED STATES

Nos. 9183, 9184.

53 F.2d 763 (1931)

KUBIK v. UNITED STATES (two cases).

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 28, 1931.

Attorney(s) appearing for the Case

Eugene D. O'Sullivan, of Omaha, Neb. (Charles J. Southard and J. R. Lones, both of Omaha, Neb., on the brief), for appellants.

Edson Smith, Asst. U. S. Atty., of Omaha, Neb. (Charles E. Sandall, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb., and Lawrence I. Shaw, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before STONE and VAN VALKENBURGH, Circuit Judges, and SANBORN, District Judge.

STONE, Circuit Judge.

John Kubik, George Kubik, and John Repo were jointly indicted for violations of the National Prohibition Act (27 USCA). The indictment was in five counts. The first count charged a sale of two quarts of spiked beer at a soft drink parlor located at 4410 South Twenty-Seventh street, Omaha, about 10 A. M., October 4, 1929; the second count charged a sale, at the same time and place, of two drinks of whisky; the third count charged sales, at the...

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