Herman v. United States

BRYAN, Circuit Judge.

Appellant was convicted of violations of the National Prohibition Act (27 USCA) as charged in the third and fourth counts of the indictment. The third count charged him with unlawfully having in his possession 362 gallons of whisky for beverage purposes; the venue being laid in Lamb county, Tex., which it was alleged was in the Amarillo Division of the Northern District of Texas. The fourth count charged .appellant with maintaining a common nuisance. According to the evidence for the government, appellant’s son, on April 22, 1930, sold at one time to two purchasers two…