Barrett v. United States

KNAPPEN, Circuit Judge.

Plaintiff in error and three others 1 were convicted upon counts 1 and 4 of an indictment, the 'first count charging a conspiracy under section 37 of the Penal Code (Comp. St. § 10201), unlawfully to possess and sell intoxicating liquors of prohibited alcoholic content and fit for beverage purposes, and to maintain a common nuisance .forbidden by the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138]4 et seq.); the fourth count charging the substantive offense of maintaining a common nuisance as defined by section 21 of title 2 of the act. All four defendants…