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DOERNING v. UNITED STATES

No. 5755.

49 F.2d 44 (1931)

DOERNING v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

April 15, 1931.

Attorney(s) appearing for the Case

J. T. Murphy, of Covington, Ky. (Blakely & Murphy, of Covington, Ky., on the brief), for appellant.

Sawyer A. Smith, of Covington, Ky., for the United States.

Before HICKS and HICKENLOOPER, Circuit Judges, and NEVIN, District Judge.

HICKS, Circuit Judge.

Appellant Doerning was convicted of selling and of the second offense of possessing intoxicating liquor in violation of sections 3 and 29, title 2, of the National Prohibition Act (title 27, §§ 12 and 46, U. S. C. [27 USCA §§ 12 and 46]). There was a general verdict of guilty upon which appellant was sentenced. Appellant commenced the service of the sentence, and it was not until several...

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