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LUPPINO v. UNITED STATES

No. 7091.

65 F.2d 687 (1933)

LUPPINO v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 12, 1933.

Attorney(s) appearing for the Case

O. M. Pitzen, of Tacoma, Wash., for appellant.

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

Before WILBUR, MACK, and GARRECHT, Circuit Judges.

WILBUR, Circuit Judge.

The appellant was convicted on each of two counts of an indictment; the first alleging that he was in possession of certain "intoxicating liquor, to-wit, approximately one hundred and fifty (150) gallons distilled spirits then and there containing more than one-half of one per centum of alcohol by volume and then and there fit for use for beverage purposes"; the second count charged him with transporting the same in a Ford Tudor sedan. The appellant...

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