TREFONE v. UNITED STATES

No. 911.

67 F.2d 954 (1933)

TREFONE v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

November 23, 1933.


Attorney(s) appearing for the Case

A. R. Morrison, of Denver, Colo. (Jacob V. Schaetzel, of Denver, Colo., on the brief), for appellant.

John A. Carroll, Asst. U. S. Atty., of Denver, Colo. (Thomas J. Morrissey, U. S. Atty., of Denver, Colo., on the brief), for the United States.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


McDERMOTT, Circuit Judge.

Concededly six gallons of whisky were transported by defendant as charged in the indictment. His defense was that one Patuous asked him for a lift, and that Patuous told him the package Patuous put in the car contained laundry. Patuous testified that Trefone knew it was whisky and that Trefone was delivering it to one of Trefone's customers. The jury were fairly charged on the pivotal question of guilty knowledge and decided that Patuous...

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