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NAZZARO v. UNITED STATES

No. 431.

56 F.2d 1026 (1932)

NAZZARO v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

February 26, 1932.

Attorney(s) appearing for the Case

Forrest C. Northcutt, of Denver, Colo., for appellant.

Jean S. Breitenstein, Asst. U. S. Atty., of Denver, Colo. (Ralph L. Carr, U. S. Dist. Atty., of Denver, Colo., on the brief), for the United States.

Before LEWIS and McDERMOTT, Circuit Judges, and JOHNSON, District Judge.

JOHNSON, District Judge.

The appellant Dominick Nazzaro, James Mareno, Tony Christoff, and Martin Diulio were indicted by the grand jury for violation of the National Prohibition Law (27 USCA). The indictment contained four counts. The first charged that the defendants sold intoxicating liquor, to wit, several drinks of whisky, at the Alpine Café, in the town of Aguilar, county of Las Animas, state of Colorado, on November 23, 1929. The second count charged the...

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