Allshouse v. United States

BUFFINGTON, Circuit Judge.

In the court below, the Union Fishing Club was indicted, tried, convicted, and sentenced for sundry violations of the National Prohibition law (27 USCA). It took no appeal. At the same time Allshouse and Przeklasa were indicted, tried, and convicted of selling whisky to the elub. They appealed. There was proof they had for a long time sold large quantities of whisky to the club at $145 a case, and that the club sold whisky to its' members at 50 cents a portion. Before sentence, they raised the question that there was no proof that whisky was intoxicating *235and…