Yavorsky v. United States

DAVIS, Circuit Judge.-

The United States attorney filed a criminal .information against Yavorsky, hereafter called defendant, for the illegal sale of one pint of “moonshine whisky” containing more than one-half of 1 per centum of alcohol by volume. He pleaded guilty This was the first offense of which defendant had been convicted, and the judge inadvertently imposed upon Mm both a fine of $100 and imprisonment of 60 days in the county jail of Lackawanna county. He paid the fine in full, and after he had served five days in prison it was brought to the attention of the judge that he could not…