Cendagarda v. United States

PHILLIPS, Circuit Judge.

Henry Cendagarda, Frank Aboitiz, and Charles W. Brown were charged by indictment containing three counts with violations of section 88, title 18, USCA (section 37, Criminal Code). The court sustained a demurrer to the second count and directed a verdict of not guilty as to the first count.

Tho third count alleged that a complaint was filed before the United States commissioner for the Northern Division of the District of Utah charging Simon Bertolli with violation of the National Prohibition Act (27 USCA), and that a warrant was issued thereon for tho arrest of…