White v. Burke

PHILLIPS, Circuit Judge.

On June 12, 1928, the appellee, Gene Burke, was convicted in the District Court of the United States for the Southern District of Texas, Galveston Division, upon an indictment containing four eounts, charging violations of the National Prohibition Law (27 USCA). The sentence of the court read, in part, as follows:

“That he (appellee) be imprisoned in the U. S. penitentiary situated at Leavenworth, in the District of Kansas, for the term and period of two (2) years' on eounts one and four of the indictment. * * *

“It is further ordered that nine (9) months of the…