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FARMER v. UNITED STATES

Nos. 2433, 2434.

128 F.2d 970 (1942)

FARMER v. UNITED STATES. ISBELL v. SAME.

Circuit Court of Appeals, Tenth Circuit.

June 16, 1942.

Attorney(s) appearing for the Case

Louis A. Fischl, of Ardmore, Okl. (Thos. W. Champion, of Ardmore, Okl., on the brief), for appellants.

Cleon A. Summers, U. S. Atty., of Muskogee, Okl. (Frank Watson, Asst. U. S. Atty., of Muskogee, Okl., on the brief), for appellee.

Before PHILLIPS and HUXMAN, Circuit Judges, and SAVAGE, District Judge.

PHILLIPS, Circuit Judge, delivered the opinion of the court.

J. Marvin Farmer and W. E. Isbell1 have appealed from a conviction on an indictment charging a violation of 26 U. S.C.A. Int.Rev.Code, § 3253. The indictment charged that the defendants, on or about August 9, 1941, in Bryan County, in the Eastern District of Oklahoma, willfully, unlawfully, and feloniously carried on the business of a retail liquor dealer without having...

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