McElvogue v. United States

STONE, Circuit Judge.

This is an appeal from a conviction for violation of the National Prohibition Act.

The indictment was upon four counts each charging a sale of intoxicating liquor at the same place upon different dates. Upon a withdrawal of a plea of not guilty and the entry of a plea of guilty to the first count, the government dismissed the three other counts and appellant was sentenced to one year and one month in the penitentiary.. The first count charged that defendant and one other, on May 27, 1929, at 1825 Frederick avenue, St. Joseph, Mo., sold four ounces and one-half pint of…