Starklof

Starklof v. United States

Good Law
20 F.2d 32·5 Alaska Fed. 363·1927 U.S. App. LEXIS 2458
United States Court of Appeals for the Ninth CircuitJune 13, 1927No. 5040California893 words

Opinion

Lead Opinion

Rudkin, J.

This is a writ of error to review separate judgments of conviction under the National Prohibition Act ( 27 U.S.C.A. § 1 et seq.) from the territory of Alaska. The indictment contains 10 counts in all; but, inasmuch as a verdict of guilty was returned as to counts 3, 4, 7, 8, 9 and 10 only, we are not concerned with the remaining counts. The plaintiff in error Tessie Starklof was found guilty as to counts 3, 7, 8, 9, and 10, and the plaintiff in error August Starklof was found guilty as to counts 4, 7, 8, 9, and 10. Count 3 charged the plaintiffs in error jointly with the sale of intoxicating liquor to divers and sundry persons, whose names were to the grand jurors unknown, on July 4, 1926; count 4 charged a second offense, under section 29 of title 2 of the National Prohibition Act ( 27 U.S.C.A. § 46 ), as against the plaintiff in error August Starklof alone; counts 7, 8, and 9 charged the plaintiffs’ in error jointly with furnishing and delivering intoxicating liquor to three different persons on July 3, 1926; and count 10 charged the plaintiffs in error jointly with maintaining a common nuisance on July 4, 1926.

The plaintiff in error Tessie Starklof was sentenced to pay a fine…

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