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OLIVITO v. UNITED STATES

No. 7216.

67 F.2d 564 (1933)

OLIVITO v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

November 16, 1933.

Attorney(s) appearing for the Case

A. D. Gillies, of Aberdeen, Wash., for appellant.

Anthony Savage, U. S. Atty., of Seattle, Wash., and Joseph A. Mallery, Asst. U. S. Atty., of Tacoma, Wash.

Before WILBUR and GARRECHT, Circuit Judges, and FEE, District Judge.

JAMES ALGER FEE, District Judge.

Appellant was charged by indictment in count 1 with the sale of one quart of distilled spirits on November 18, 1932, and in the second count with a like sale upon the next day. Neither count contained any allegation of previous or habitual violation of the National Prohibition Act (27 USCA § 1 et seq.). At the close of the government's case, the court dismissed the first count for lack of evidence. The appellant was found guilty...

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