BERGER v. UNITED STATES

No. 626.

62 F.2d 438 (1932)

BERGER v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

December 15, 1932.


Attorney(s) appearing for the Case

Harry L. Jacobs, of Kansas City, Mo. (H. C. Castor and Victor J. Rogers, both of Wichita, Kan., and Ringolsky, Boatright & Jacobs, of Kansas City, Mo., on the brief), for appellant.

Donald Little, Asst. U. S. Atty., of Topeka, Kan. (S. M. Brewster, U. S. Atty., of Topeka, Kan., on the brief), for the United States.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.


PHILLIPS, Circuit Judge.

Berger was convicted and sentenced on three counts of an indictment which charged violations of section 3, title 2 of the National Prohibition Act, section 12, title 27 USCA, and has appealed.

After submission of the case to the jury and after the jury had deliberated thereon for twenty-three hours, the following proceedings occurred:

"By the Court: Gentlemen of the jury, the bailiff told me that the foreman had stated to him...

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