SMITH v. UNITED STATES

Nos. 9096, 9097.

50 F.2d 46 (1931)

SMITH v. UNITED STATES (two cases).

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 22, 1931.


Attorney(s) appearing for the Case

Floyd E. Stein and John E. Harris, both of El Dorado, Ark., for appellant.

W. N. Ivie, U. S. Atty., and G. T. Sullins, Asst. U. S. Atty., both of Ft. Smith, Ark.

Before VAN VALKENBURGH and BOOTH, Circuit Judges, and MUNGER, District Judge.


MUNGER, District Judge.

Appellant was convicted under two counts of an indictment (case No. 232), one charging unlawful possession, and one an unlawful sale of intoxicating liquor. He was convicted also under three counts of another indictment (case No. 240), one charging an unlawful possession, one an unlawful transportation, and the third an unlawful sale of intoxicating liquor.

Appellant assigns as error the submission of case No. 232 to the jury because...

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