Fabacher v. United States

HOLMES, Circuit Judge.

Appellant was convicted upon an indictment charging in separate counts the possession and sale of tax unpaid alcohol, and sentenced to imprisonment in a penitentiary for eighteen months. He assigns as error the failure of the court to sustain in full his motion for a bill of particulars, the admission xn evidence of a telephone conversation between him and the purchaser, the granting of instructions in behalf of the government, and the refusal of instructions requested in his behalf, including an instruction to the jury to find the defendant not guilty.

Appellant did not…