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McCARTY v. UNITED STATES

No. 4014.

1 F.2d 28 (1924)

McCARTY v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

July 2, 1924.

Attorney(s) appearing for the Case

Arthur B. Bensinger, of Louisville, Ky. (J. J. McBrayer, of Lexington, Ky., on the brief), for plaintiff in error.

Sawyer A. Smith, U. S. Atty., of Covington, Ky. (John E. Shepard and Rodney G. Bryson, Assts. U. S. Atty., both of Covington, Ky., on the brief), for the United States.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

PER CURIAM.

McCarty was convicted and sentenced for transporting intoxicating liquor, and as for a third offense, under the provisions of section 29 of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138½p).

The indictment describes two former consecutive convictions, but does not, in terms, allege that the offense prosecuted was a third offense, and fails to state expressly that the second conviction...

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