Kuehn v. United States

GILBERT, Circuit Judge.

On an information which contained five counts, the plaintiff in error was convicted under the first two, the one charging him with the unlawful possession of a pint of moonshine whisky on July- 2, 1924, and-the other charging him with the unlawful sale of a pint of moonshine whisky on that date. He contends that the two offenses so charged are, in fact, but one, and he assigns error on the ground that he is twice punished for a single offense.- We need not pause to inquire whether the two offenses are in fact but one. No demurrer was interposed to the information on…