THOMPSON, District Judge.
The plaintiff in error, hereinafter called the defendant, was convicted of violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.) upon a criminal information containing two counts.
In the first count, the defendant was charged with having and possessing whisky, "that is to say, intoxicating liquor, then and there containing more than one-half of one per centum of alcohol by volume, which...
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