De Luca v. United States

CADE, District Judge.

On September 3, 1920, an indictment, numbered 5330, was returned, charging Sam De Euca and Nello C. Pandolfo with conspiracy to violate the Prohibition Law (Comp. St. Ann. Supp. 1923, § 1013834 et seq.), under section 37 of the Penal Code (Comp. St. § 10201). The first count charges the conspiracy was to sell, transport, and have in their possession certain liquors in violation of the National Prohibition law. The second count charges the conspiracy was to have the illegal possession of certain intoxicating liquors. Sixteen overt acts are set forth in count 1, and these…