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GOBSTUB v. UNITED STATES

No. 4807.

62 F.2d 86 (1932)

GOBSTUB v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

December 6, 1932.

Attorney(s) appearing for the Case

Frederic M. P. Pearse, of Newark, N. J., for appellant.

Harlan Besson, U. S. Atty., of Hoboken, N. J., and Walter B. Petry, Asst. U. S. Atty., of Trenton, N. J.

Before WOOLLEY and THOMPSON, Circuit Judges, and WELSH, District Judge.

PER CURIAM.

The defendant was indicted for having "knowingly, unlawfully and feloniously" transported liquor and having possessed the same in violation of the National Prohibition Act, tit. 2, § 3 (27 USCA § 12). At the trial, the learned judge, after charging the jury, with a rather free hand, in respect to interest and credibility of witnesses, submitted the case, saying: "He (the defendant) undoubtedly had possession and was transporting (the liquor)...

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