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DURKIN v. UNITED STATES

No. 2696.

62 F.2d 305 (1932)

DURKIN et al. v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

December 17, 1932.

Attorney(s) appearing for the Case

J. Lyman Gray, of Morrisey & Gray, of Springfield, Mass., for appellants.

Harry J. Meleski, Sp. Asst. to U. S. Atty., of Worcester, Mass. (Frederick H. Tarr, U. S. Atty., and Hugh S. Bagnulo, Asst. U. S. Atty., both of Boston, Mass., on the brief), for the United States.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

WILSON, Circuit Judge.

This is an appeal from a judgment of the Massachusetts District Court. The appellants were indicted under two counts; one charging them with the illegal possession of intoxicating liquors under the National Prohibition Act (27 USCA), and the second charging them with maintaining a common nuisance. Durkin was convicted under both counts, and Church was found not guilty on the first count and guilty on the second count. Each appealed, and assigned...

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