Burkhardt v. United States

MOORMAN, Cireuit Judge.

Burkhardt, with others, was indicted, charged with entering into a conspiracy to violate the National Prohibition Act (Comp. St. Ann. Supp. 1923, § ÍOISS^ et seq,). Thirty-three overt acts were alleged in the indictment. Before trial nine of the defendants pleaded guilty and two were dismissed. During the trial four more pleaded guilty and two were discharged. LurKhardt was convicted, fined $1,000, and sentenced to confinement in the penitentiary for two years. .

The facts upon which the government relied are found in the evidence of Ray Worden and Mary Moss, who were…