Chapman v. United States

EVAN A. EVANS, Circuit Judge.

Defendant was charged with an unlawful sale of liquor on July 4,1924, and with a previous conviction in the same court for an unlawful sale on May 16, 1923. He also was charged in the same indictment with maintaining a nuisance in violation of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 1013814 et seq). Acquitted on the latter count, he was convicted on the first and sentenced to serve a year and a day in the federal penitentiary, and to pay a fine of $500.

His assignments of error deal with (a) *791the sufficiency of the count which charges him as a…