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SAFARIK v. UNITED STATES

Nos. 9505, 9506.

62 F.2d 892 (1933)

SAFARIK v. UNITED STATES. HANFELT v. SAME.

Circuit Court of Appeals, Eighth Circuit.

January 11, 1933.

Attorney(s) appearing for the Case

Eugene D. O'Sullivan, of Omaha, Neb. (Charles J. Southard and J. R. Lones, both of Omaha, Neb., on the brief), for appellants.

Edson Smith, Asst. U. S. Atty., of Omaha, Neb. (Charles E. Sandall, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb., and Lawrence I. Shaw, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before KENYON, GARDNER, and SANBORN, Circuit Judges.

GARDNER, Circuit Judge.

Appellants were jointly indicted in an indictment which contains four counts. The first count charged a conspiracy to possess, to transport, and to sell intoxicating liquor in violation of the National Prohibition Act; the second charged transportation of 150 gallons of alcohol; the third charged possession of 150 gallons of alcohol in an automobile; and the fourth charged possession of 114 gallons of alcohol in a chicken coop. All the offenses...

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