Brown v. United States

Eighth Circuit

Brown v. United States

40 F.2d 891, 1930 U.S. App. LEXIS 3277

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 16, 1930

DocketNo. 8788

StatusPublished

This text of 40 F.2d 891 (Brown v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brown v. United States, 40 F.2d 891, 1930 U.S. App. LEXIS 3277 (8th Cir. 1930).

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Opinion

STONE, Circuit Judge.

From a conviction on three counts of an indictment charging violation of the National Prohibition Law, this appeal is brought.

Appellant was indicted on three counts, the first two counts were for sales, upon separate days, of small amounts of whisky at the northwest comer of Second and Felix streets, St. Joseph, Mo., the third count was for maintaining" a liquor nuisance at that place. After presentation of evidence, the jury returned a verdict of guilty upon all counts, and the court entered a judgment and sentence of two years upon the first and second counts, to run consecutively, and a fine of $250 on the third count. The record brought here -contains none of the evidence.

The points argued here are identically those presented by the same counsel in Hugh McElvogue v. United States, 40 F.(2d) 889. For the reasons expressed in the opinion in that case, we think the judgment in this case should be, and it is, affirmed.

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STONE, Circuit Judge.

From a conviction on three counts of an indictment charging violation of the National Prohibition Law, this appeal is brought.

Appellant was indicted on three counts, the first two counts were for sales, upon separate days, of small amounts of whisky at the northwest comer of Second and Felix streets, St. Joseph, Mo., the third count was for maintaining" a liquor nuisance at that place. After presentation of evidence, the jury returned a verdict of guilty upon all counts, and the court entered a judgment and sentence of two years upon the first and second counts, to run consecutively, and a fine of $250 on the third count. The record brought here -contains none of the evidence.

The points argued here are identically those presented by the same counsel in Hugh McElvogue v. United States, 40 F.(2d) 889. For the reasons expressed in the opinion in that case, we think the judgment in this case should be, and it is, affirmed.

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40 F.2d 891, 1930 U.S. App. LEXIS 3277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-united-states-ca8-1930.

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