Russell v. United States

KNAPPEN, Circuit Judge.

Plaintiffs in error were jointly indicted, together with seven other defendants, upon charges of conspiracy under section 37 of the Penal Code, being Comp. St. § 10201 (by the first count) to withdraw from a distillery warehouse, and sell for beverage purposes, a large amount of whisky legally withdrawable for nonbeverage purposes only, and under such conspiracy to commit divers offenses against the United States of unlawfully possessing, transporting, accepting, receiving, and selling such whisky; and (by the second count) to defraud the United States of upwards of…