Murphy v. United States

VAN VALKENBURGH, Circuit Judge.

Plaintiff in error was the proprietor of a soft drink “parlor” or saloon located at No. 9 Missouri avenue in Kansas City, Mo. April 14, 1926, the district attorney for the Western district of Missouri filed against Murphy an information containing three counts.. The first count charged a sale of one-half pint of whisky on the 2d day of July, 1925; the second count charged possession of 52 pints of whisky on the 9th day of July, 1925; and the third count charged the maintenance of a common nuisance at the above-named place of business.

The evidence upon which the…