REEVES, District Judge.
The appellant was convicted on count 3 of an information in four counts, which charged him with violations of the National Prohibition Act (27 USCA). In said third count it was charged that he made a sale of "about four bottles of near beer spiked with alcohol" on August 2, 1928.
The evidence on the part of the government tended to show that late in the evening of the day of the alleged sale one E. G. Stravos and wife, in company with...
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