BRYAN, Circuit Judge.
This is an appeal by the warden of the Atlanta penitentiary from an order granting the writ of habeas corpus and discharging William E. Pace, a prisoner, from custody. On his plea of guilty to an indictment which charged him with unlawfully selling on January 11, 1932, "intoxicating liquor, to-wit whiskey," but without alleging the quantity sold, Pace was sentenced to imprisonment in the penitentiary for the period of one year and a day. After...
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