United States v. Goldberg

VAN OOSTERHOUT, Circuit Judge.

The Government appeals from the judgment dismissing the indictment upon defendant’s motion in each of the eight cases herein involved. The appeals are consolidated by stipulation. Jurisdiction to consider these appeals is conferred by 18 U.S.C. § 3731.

*183The appellees, who will hereinafter be designated as defendants, are retail on-sale liquor dealers and bartenders employed by them. Each indictment charged the defendant with violation of 26 C.F.R., § 175.121, 1952 Cumulative Supplement, which will hereinafter be referred to as the regulation, and which reads:

“Reuse…