Dunn v. United States

WILBUR, Circuit Judge.

Appellant was tried on an indictment containing three counts. He was acquitted *780upon the second, and third counts and convicted upon the first count. Appellant contends that the verdicts are inconsistent and seeks a reversal upon that ground. The liquor involved in the three counts is the same, five drinks of whisky and one drink of beer. It is charged in the third count that this liquor was unlawfully sold on the 26th day of June, 1930. In the second count it is charged that this liquor was unlawfully possessed op the 4th day of July, and in the first count that the…