Brasfield

Brasfield v. United States

Good Law
8 F.2d 472·1925 U.S. App. LEXIS 3297
United States Court of Appeals for the Ninth CircuitOctober 12, 1925No. 4489California1,138 words

Opinion

Lead Opinion

Gilbert, J.

The plaintiffs in error, with seven others, were, jointly indicted and charged with a conspiracy to re-’ eeive unlawfully from carriers, possess unlawfully, and unlawfully transport intoxicating liquors. The evidence in the case is not before us, but from instructions of the court to the jury, not excepted to, enough appears to indicate that there was no abuse of legal process in lodging a charge of conspiracy against the plaintiffs in error, and that there was evidence tending to show a conspiracy to introduce into the country a large quantity of intoxicating liquors, and to possess and transport the same in violation of the law.

Two exceptions were taken to the instructions given by the court to the jury when the jury were brought into court on the day following that upon which they had retired to deliberate upon their verdict. At that time counsel for the plaintiffs in error took exception to the following portion of the charge: “This case is a very plain one. There is no question about it. There is the evidence on the one side and the evidence on the other. It is your duty to review that in a manner to reconcile it and to bring in a verdict if it is possible.” Counsel for the…

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