Landwirth v. States

GIBSON, District Judge.

The plaintiff in error was convicted tip-on a criminal information alleging violations of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138J4 et seq.). The record fails to disclose the entry of a plea, but no assignment of error is based upon this imperfection.

Upon argument counsel for the plaintiff in error contended that the second and third counts of the indictment, upon which the verdict had been rendered, were insufficient as pleadings. The criticism that, each count is lacking in desirable particularity of averment is possibly not entirely without…