Opinion
No. 4676.
December 7, 1926.
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; Paul Jones, Judge.
Henry A. Pollack, of Cleveland, Ohio (Mooney, McCormack, Roth Pollack, of Cleveland, Ohio, on the brief), for plaintiff in error.
Mr. John B. Osmun, Asst. U.S. Atty., of Cleveland, Ohio (A.E. Bernsteen, of Cleveland, Ohio, on the brief), for the United States.
Before DENISON and MOORMAN, Circuit Judges, and HOUGH, District Judge.
Affirmed. The counts for possession and sale were supported by substantial evidence; and the single sentence was permissible under these counts without reference to the nuisance count.