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UNITED STATES v. LERNER

No. 19261.

35 F.Supp. 271 (1940)

UNITED STATES v. LERNER.

District Court, D. Maryland.

October 16, 1940.

Attorney(s) appearing for the Case

Bernard J. Flynn, U. S. Atty., and Anthony Purcell, Asst. U. S. Atty., both of Baltimore, Md., for plaintiff.

Simon E. Sobeloff, of Baltimore, Md., for defendant.

CHESNUT, District Judge.

The indictment in this case contains two counts, the first charging unlawful and felonious possession of 120 gallons of untax-paid whiskey on or about February 29, 1940 in Baltimore City. This count is based on 26 U.S.C.A. Internal Revenue Code, § 2803. The second count charged the unlawful and felonious removal and concealment of 50 gallons of untax-paid whiskey at the same time and place, being an alleged violation of 26 U.S.C.A. Internal...

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