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JIANOLE v. UNITED STATES

No. 9375.

58 F.2d 115 (1932)

JIANOLE v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 19, 1932.

Attorney(s) appearing for the Case

Eugene D. O'Sullivan, of Omaha, Neb. (Charles J. Southard, of Omaha, Neb., on the brief), for appellant.

Edson Smith, Asst. U. S. Atty., of Omaha, Neb. (Charles E. Sandall, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb., and Lawrence I. Shaw, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before VAN VALKENBURGH and SANBORN, Circuit Judges, and DAVIS, District Judge.

VAN VALKENBURGH, Circuit Judge.

Appellant was indicted on three counts — the first, for sale; the second, for unlawful possession; and, the third, for maintaining a common nuisance — all in violation of the National Prohibition Act (27 USCA §§ 12, 33). April 29, 1931, she entered a plea of guilty on all counts. On count 1 she was sentenced to imprisonment in jail for a period of sixty days; on count 2 to pay a fine of $200, and to be committed...

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