Gemignani v. United States

It is contended on behalf of the plaintiff in error that the court erred in overruling its motion at. the close of the government’s evidence to dismiss the indictment on the ground that the record in case No. 2122 does not show that the defendant was convicted or sentenced upon bis plea of nolo contendere upon tbe second count of tbe information charging him with tbe unlawful sale of intoxicating liquor. This plea of nolo contendere’ was entered as to each count of that indictment, and for the purpose of that case was, in effect, a plea of guilty to both counts. Tucker v. U. S., 196 F. 260,…