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MIKLENCIC v. UNITED STATES

No. 4895.

62 F.2d 1044 (1933)

MIKLENCIC v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

January 20, 1933.

Attorney(s) appearing for the Case

Henry B. Friedman and Linn H. Schantz, both of Allentown, Pa., for appellant.

Charles M. Bolich, of Allentown, Pa., for the United States.

Before WOOLLEY and THOMPSON, Circuit Judges, and WELSH, District Judge.

WOOLLEY, Circuit Judge.

Miklencic was tried and convicted for violating the National Prohibition Act (27 US CA). On appeal he raised two questions: (1) Was there sufficient evidence to submit the case to the jury? We promptly answer, there was. (2) Did the court err in charging the jury there is no presumption of innocence? In answering this question we do not think the learned trial judge intended by his instruction to make...

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