Hoback v. United States

WADDILL, Circuit Judge.

The defendant was tried on 9 of the 21 counts of the indictment, the others having been nol. prossed. He was convicted on the eleventh and nineteenth, and acquitted of the charges made in the other 7.

The eleventh count charged;

“That on the-day of-, 1920, F. S. Hoback did unlawfully possess, transport, and sell intoxicating liquor, to wit, fifty-four quarts of whisky, otherwise than as authorized in the National Prohibition Act, that is to say, for intoxicating beverage purposes.”

Under it this bill of particulars was served:

“That some time between the 1st of October and…