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UNITED STATES v. WARREN

No. 37594.

26 F.Supp. 333 (1939)

UNITED STATES v. WARREN.

District Court, E. D. New York.

January 27, 1939.

Attorney(s) appearing for the Case

Vine H. Smith, U. S. Atty., of Brooklyn, N. Y., Eastern District of New York (John R. Starkey, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

Joseph H. Wackerman, of Brooklyn, N. Y., for defendant.

MOSCOWITZ, District Judge.

The question here involved arises on a plea in abatement to an indictment brought against the defendant for possessing certain alcohol upon which no tax had been paid. In October, 1938 the Grand Jury had heard the charges against the defendant, and failed to indict. The charges were then presented to the November 1938 Grand Jury which brought in the indictment to which the present plea is made.

The defendant's objection is based...

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