Burns v. United States

BRYAN, Circuit Judge.

This is an indictment in two counts. The first count charges Robert Burns and four other defendants with a conspiracy, under section 37 of the Criminal Code (Comp. St. § 10201), to transport for beverage purposes intoxicating liquors in violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138%. et seq.).

Several overt acts to effect the object of the conspiracy were charged, but it is only necessary to mention one, since the government does not contend that there was any evidence tending to prove the others. The overt act relied on by the government is…