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KOTRBA v. UNITED STATES

No. 4775.

62 F.2d 234 (1932)

KOTRBA v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

December 28, 1932.

Attorney(s) appearing for the Case

Robert McCormick Adams and Burke Williamson, both of Chicago, Ill., for appellant.

George E. Q. Johnson, U. S. Atty., and Walter E. Wiles, Asst. U. S. Atty., both of Chicago, Ill., for the United States.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

ALSCHULER, Circuit Judge.

An information of two counts charged appellant with violation of the National Prohibition Act through (1) possession of liquor and (2) maintaining a common nuisance. Jury was waived and the court found him guilty on both counts, fixing his punishment at $200 fine and sixty days' imprisonment.

It is contended for appellant that no offense whatever is stated by the second count. It charges that from August 21, 1931, to

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