JOHNSTONE v. UNITED STATES

No. 4211.

1 F.2d 928 (1924)

JOHNSTONE v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 20, 1924.


Attorney(s) appearing for the Case

Edward H. Chavelle, of Seattle, Wash., for plaintiff in error.

Thos. P. Revelle, U. S. Atty., and J. W. Hoar, Sp. Asst. U. S. Atty., both of Seattle, Wash.

Before HUNT and RUDKIN, Circuit Judges, and BOURQUIN, District Judge.


RUDKIN, Circuit Judge.

This is a writ of error to review a judgment of conviction under the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). The court below denied a motion to suppress certain testimony, admitted testimony over objection, and refused a request for a directed verdict of not guilty. Upon these several rulings, error is assigned.

The testimony on the part of the government tended to show that a sale of intoxicating...

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