Rupinski v. United States

MACK,. Circuit Judge.

Defendant was indicted under the Volstead Act (Comp. St. Ann. Supp. 192.3, § 10138% et seq.) on five counts; the first three for sales in three different months, the fourth .for manufacturing, and the fifth for ’ .possession. The record recites that, the cause being for trial, on motion of the district attorney, count 2 was dismissed. It further recites that the jury “found the defendant guilty as charged.” The court, in charging the jury, said that .count 3 had been dismissed. The sentence passed was six months under count 1, an additional six months under count 2,. an…