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PATTERSON v. UNITED STATES

Nos. 651, 652.

62 F.2d 968 (1933)

PATTERSON v. UNITED STATES. PHILBROOK v. SAME.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 10, 1933.

Attorney(s) appearing for the Case

William N. Jamieson and Thomas J. Sheehan, Jr., both of Omaha, Neb., for appellants.

S. M. Brewster, U. S. Atty., and Dan B. Cowie, Asst. U. S. Atty., both of Topeka, Kan.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

COTTERAL, Circuit Judge.

The defendants appeal from convictions under an indictment which charged them with a transportation of whisky. Numerous errors are assigned for reversal.

Stress is laid on the refusal of a motion to direct a verdict, based on the alleged insufficiency of the evidence. We note the testimony of the several witnesses in order:

Deimler, a state investigator serving in Republic county, Kan...

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