Ferracane v. United States

ANDERSON, Circuit Judge.

The above-named plaintiffs in error, together with 94 other persons, were charged with a conspiracy to violate the Prohibition Law in an indictment returned September 24,1927. They were adjudged guilty, and each sued out a separate writ of error. Their eases were presented in one record and will be disposed of together.

Ferracane raises but one question. ‘ He pleaded a former conviction for the same offense and asked that the question raised by the plea be submitted to the jury, which was done under instructions requested by him. The jury rejected his plea and found him…