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BEARD v. UNITED STATES

No. 9401.

59 F.2d 940 (1932)

BEARD v. UNITED STATES.

Circuit Court of Appeals. Eighth Circuit.

June 11, 1932.

Attorney(s) appearing for the Case

Eugene D. O'Sullivan, of Omaha, Neb. (Charges J. Southard, of Omaha, Neb., on the brief), for appellant.

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

Before VAN VALKENBURGH and SANBORN, Circuit Judges, and DAVIS, District Judge.

DAVIS, District Judge.

The appellant was convicted of the offense of unlawful transportation of intoxicating liquor as defined by the National Prohibition Act (title 2, § 3 [27 USCA § 12]), and sentenced to a term of ninety days in jail, and to pay a fine of $300.

The sole ground of the appeal is that the trial court erred in excluding evidence offered by appellant with the view of establishing the defenses of entrapment and agency.

The competency...

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