La Fountain v. United States

MACK, Circuit Judge.

Defendant was tried jointly with his wife under an indictment, the first count of which charged them and one O’Neil with having conspired together and with one Parks and others unknown, substantially as in the Hartson and Duken Case, 14 F.(2d) 561, decided this day. The second count charged them, in substance, with the crime of smuggling Canadian ale; the third was similar to the same count in the Hartson-Duken Case; the sixth charged the sale of this same ale in Champlain, N. Y.

O’Neil was not apprehended; as to Mrs. La Fountain the jury disagreed; La Fountain, found…