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FLYNN v. UNITED STATES

No. 9322.

57 F.2d 1044 (1932)

FLYNN v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

April 16, 1932.

Attorney(s) appearing for the Case

Arthur Le Sueur, of Minneapolis, Minn., for appellant.

Robert V. Rensch, Asst. U. S. Atty., of St. Paul, Minn. (Lewis L. Drill, U. S. Atty., and O. A. Blanchard, Asst. U. S. Atty., both of St. Paul, Minn., on the brief), for the United States.

Before VAN VALKENBURGH, Circuit Judge, and DAVIS, District Judge.

VAN VALKENBURGH, Circuit Judge.

This is an appeal from a conviction for violation of the National Prohibition Act (27 USCA). The indictment contained eight counts. Appellant was convicted upon the first and eighth counts and acquitted upon the others. The first count charged sale, July 25, 1930, and the eighth transportation on September 26, 1930. Three assigned errors are relied upon to procure a reversal: (1) That the evidence entitled appellant to submission of...

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