Kennedy v. United States

RUDKIN, Circuit Judge.

This is an appeal from a decree abating a common nuisance and closing the premises, where the' nuisance was maintained for a period of one year, under section 22 of title 2 of the National Prohibition Act (41 Stat. 314 [Comp. St. Ann. Supp. 1923, § 10138i/2k]). The sufficiency of tie testimony to support the decree is the only question presented for our consideration. As appears from the opinion of the court below, it was stipulated at the trial that all evidence given on the trial of a criminal action between the same parties should be considered as given on the trial…