Stine v. United States

STONE, Circuit Judge.

This is a -writ of error from a conviction for selling intoxicants in violation of the National Prohibition Act (27 USCA).

Three matters are argued here, to wit: (1) That the information does not charge an offense; (2) that there was failure of proof of the offense charged; (3) that there wore errors in the charge to the jury.

I. The information was in two counts, charging sale and possession respectively. At the pronouncement of sentence and before entry of judgment, the court, of its own motion, dismissed the second count (for possession) and sentenced on the first count…