DANIEL v. UNITED STATES

No. 12120.

127 F.2d 1 (1942)

DANIEL v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 7, 1942.


Attorney(s) appearing for the Case

Sam Mandell and John W. Franciscus, both of Kansas City, Mo., for appellant.

Maurice M. Milligan, U. S. Atty., Richard K. Phelps and Otto Schmid, Asst. U. S. Attys., all of Kansas City, Mo., for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.


SANBORN, Circuit Judge.

The only substantial question presented by this appeal is whether there was any competent evidence that the appellant on November 23, 1939, was attempting to transport intoxicating liquor from Missouri into Kansas in violation of the Liquor Enforcement Act of 1936, 27 U.S.C. A. § 223. The case was tried to the court without a jury, and the court found the appellant guilty and sentenced him. There are two valid assignments of error: one...

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