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HALE v. UNITED STATES

No. 4160.

89 F.2d 578 (1937)

HALE v. UNITED STATES

Circuit Court of Appeals, Fourth Circuit.

April 12, 1937.

Attorney(s) appearing for the Case

George Richardson, Jr., of Bluefield, W. Va. (J. H. Gadd and Walter G. Burton, both of Princeton, W. Va., on the brief), for appellant.

L. R. Via, Asst. U. S. Atty., of Huntington, W. Va. (George I. Neal, U. S. Atty., of Huntington, W. Va., and Charles M. Love, Jr., Asst. U. S. Atty., of Charleston, W. Va., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal in a criminal case wherein the defendant was convicted on one count of an indictment charging violation of the Harrison Act. The sufficiency of the count under which the conviction was had was challenged both by demurrer and by motion in arrest of judgment; and, as we are of opinion that it is defective, we need not consider any of the other questions raised by the appeal. The count in question is the sixth count and is as...

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