Marcell
Marcell v. United States
Opinion
Lead Opinion
Rudkin, J.
This is a writ of error to review a judgment of conviction on two counts of ah information charging several violations of the National Prohibition Act (27 USCA). The first nine counts charged unlawful sales of intoxicating liquor on divers dates between October 26 and December 3, 1926; the tenth count charged the unlawful possession of intoxicating liquor on December 3, 1926; and the last count charged the maintenance of a common nuisance between October 26 and December 3, 1926. Three defendants were named in the information and placed on trial, but the plaintiff in error Mareell was alone convicted. Before the trial the defendants moved the court to require the government to furnish a bill of particulars, and the inotion was granted to the extent of requiring it to furnish the names of the 'persons to whom the intoxicating liquor was sold, as charged in the first nine counts of the information, and to state whether the intoxicating liquor described in the ninth and tenth counts was the same. When the ease was called for trial, counsel for the plaintiff in error objected to proceeding on the ground that the government had failed to furnish the bill of particulars, as directed by…