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SCALIA v. UNITED STATES

No. 2695.

62 F.2d 220 (1932)

SCALIA v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

December 17, 1932.

Attorney(s) appearing for the Case

Essex S. Abbott, of Boston, Mass. (Joseph V. Carroll, of Boston, Mass., on the brief), for appellant.

Elihu D. Stone, Asst. U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., of Boston, Mass., on the brief), for the United States.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

BINGHAM, Circuit Judge.

This is an appeal from a judgment of the District Court for Massachusetts dismissing the petition of Frank Scalia for a writ of habeas corpus and ordering him committed until a fine is paid.

It appears that the petitioner having been indicted at the March term, 1929, of the District Court charged, in the first count, with the unlawful manufacture of intoxicating liquor and, in the second, with the unlawful possession of intoxicating...

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