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MACEO v. UNITED STATES

No. 5978.

46 F.2d 788 (1931)

MACEO v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 12, 1931.

Attorney(s) appearing for the Case

Sadie A. Bevilacqua, D. D. McDonald, and W. E. Price, all of Galveston, Tex., for appellant.

H. M. Holden, U. S. Atty., and M. S. McCorquodale, Asst. U. S. Atty., both of Houston, Tex.

Before FOSTER and WALKER, Circuit Judges, and GRUBB, District Judge.

FOSTER, Circuit Judge.

Appellant was convicted with seven others for various offenses in violation of the National Prohibition Act. The indictment contained nine counts, and appellant was convicted on the seventh count only. Others named in that count were acquitted. Error is assigned to the overruling of a demurrer.

Omitting the names of his codefendants, the count in question charged; "That, heretofore, to-wit: on or about the 13th day of June, A. D. 1929...

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