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MOSS v. UNITED STATES

No. 3703.

72 F.2d 30 (1934)

MOSS v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 28, 1934.

Attorney(s) appearing for the Case

Sam M. Cathey and Worth McKinney, both of Asheville, N. C. (Cathey & McKinney, of Asheville, N. C., and Dan K. Moore, of Sylva, N. C., on the brief), for appellant.

Marcus Erwin, U. S. Atty., of Asheville, N. C. (W. R. Francis, Asst. U. S. Atty., of Waynesville, N. C., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

This appeal is taken from the action of the District Court in overruling a motion of the defendant whereby he sought, on account of the repeal of the Eighteenth Amendment, to be discharged from a judgment or sentence of imprisonment for eighteen months for violation of the National Prohibition Act (27 USCA § 1 et seq.). On May 22, 1933, at a regular term of the court at Bryson City, N. C., the defendant pleaded guilty to an indictment in...

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