BIEMER v. UNITED STATES

Nos. 4550, 4585.

54 F.2d 1045 (1932)

BIEMER v. UNITED STATES. EMRICK v. SAME.

Circuit Court of Appeals, Seventh Circuit.

January 11, 1932.


Attorney(s) appearing for the Case

Frederick W. Greene, of Fort Wayne, Ind., for appellant Biemer.

Frank A. Emrick, of Fort Wayne, Ind., for appellant Guy Emrick.

Oliver M. Loomis, George L. Rulison, and William B. Duff, all of South Bend, Ind., for the United States.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


EVANS, Circuit Judge.

Appellant Biemer, in cause No. 4550, and appellant Emrick, in cause No. 4585, were, along with twenty-seven others, charged by indictment with conspiring to violate the National Prohibition Act. Upon the trial, the jury returned a verdict of guilty against both of them, and each was given a penitentiary sentence. Each prosecuted a separate appeal, but both appeals were heard at the same time and will be disposed of in a single opinion.

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