From Casetext: Smarter Legal Research

John Hohenadel Brewing Co. v. United States

Circuit Court of Appeals, Third Circuit
Feb 11, 1926
9 F.2d 1018 (3d Cir. 1926)

Summary

In Hohenadel, the defendant was found not guilty on six counts charging unlawful manufacture or sale of intoxicating beverages, but guilty on the seventh count charging nuisance.

Summary of this case from People v. Dercole

Opinion

No. 3431.

February 11, 1926.

On Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Dickinson, Judge.

William A. Carr, of Philadelphia, Pa., for appellant.

Francis B. Biddle, of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


The facts of this case differ in no essential respect from those in the case of Daeufer-Lieberman Brewing Co. v. United States (C.C.A.) (8 F.[2d] 1). The law of that case rules the decision here. Accordingly the decree must be reversed.


Summaries of

John Hohenadel Brewing Co. v. United States

Circuit Court of Appeals, Third Circuit
Feb 11, 1926
9 F.2d 1018 (3d Cir. 1926)

In Hohenadel, the defendant was found not guilty on six counts charging unlawful manufacture or sale of intoxicating beverages, but guilty on the seventh count charging nuisance.

Summary of this case from People v. Dercole

In Hohenadel Brewing Co. v. United States (295 F. 489, 490) the Third Circuit Court of Appeals by DAVIS, J. declared: "[a] verdict of guilty * * * cannot stand in the face of [a] verdict of not guilty on * * * other counts" where "the jury has found as a fact that the company did not commit the acts therein charged."

Summary of this case from People v. Bordonaba
Case details for

John Hohenadel Brewing Co. v. United States

Case Details

Full title:JOHN HOHENADEL BREWING CO., Claimant of 419 Barrels, More or Less, of Malt…

Court:Circuit Court of Appeals, Third Circuit

Date published: Feb 11, 1926

Citations

9 F.2d 1018 (3d Cir. 1926)

Citing Cases

State v. Boyle

A single sale or a brief possession, when surrounded by facts showing that the place was maintained for…

State v. Bernweiser

A building maintained for the unlawful sale of liquor is a nuisance. Mugler v. State of Kansas, 123 U.S. 302.…