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KELLEY v. UNITED STATES

No. 9470.

61 F.2d 843 (1932)

KELLEY v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

October 31, 1932.

Attorney(s) appearing for the Case

Herman Aye, of Omaha, Neb. (J. D. Cranny, of Omaha, Neb., on the brief), for appellant.

Lawrence I. Shaw, 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 Edson Smith, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before KENYON, GARDNER, and SANBORN, Circuit Judges.

KENYON, Circuit Judge.

Appellant was convicted on two counts of an indictment, one (count 3) charging him, in connection with Carl Hofeldt, with unlawfully and feloniously separating 1,313 gallons of alcoholic spirits from a fermented mash, they not being authorized distillers; the other (count 5) charging the unlawful possession of two stills designed for the manufacture of intoxicating liquor intended for use, in violation of the National Prohibition Act (27 USCA...

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