Egner v. United States

WOOLLEY, Circuit Judge.

The situation in Murphy v. United States (C. C. A.) 16 F.(2d) 595, which involved an acquittal of the defendants on a criminal charge of maintaining a nuisance and later a decree against them on the civil charge of maintaining the same nuisanee under appropriate. provisions of the National Prohibition Act (Comp. St. § 1013814 et seq.), is repeated in this ease. From the decree closing the premises for one year the defendants appealed and now assign three matters as error, which, abbreviated, are as follows:(1) Error in entering the decree because the acquittal in the…