McCarren v. United States

EVAN A. EVANS, Circuit Judge.

The plaintiffs in error were tried upon charges presented by an indictment covering twelve counts, and with the result that McCarren was convicted on ten and Wall was convicted on five counts. The charges included unlawful possession of intoxicating liquor, selling intoxicating liquor (different counts covered different dates), maintaining a nuisance, and selling intoxicating liquor as a. second offender.

The severer punishment was administered in MeCarren’s case upon his conviction as a second offender (under the fourth count), and the only assignments of error…