Van Dam v. United States

DENISON, Circuit Judge.

The plaintiff in error, Van Dam, hereafter called respondent, and Ellison and Shaffer, were, on April 14, 1927, arrested and brought before a commissioner for examination, upon the charge of transporting and selling intoxicating liquor. While this examination was pending under adjournment, the grand jury indicted Van Dam and Ellison for conspiracy to violate the National Prohibition Act (27 USCA). They were both convicted. Van Dam brought this writ of error, in which Ellison did not join. Counsel say — and it is apparently a proper inference — that Ellison preferred to…