Pattis v. United States, No. 4880.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtMORROW and RUDKIN, Circuit , and NETERER
Citation17 F.2d 562
PartiesPATTIS v. UNITED STATES.
Docket NumberNo. 4880.
Decision Date21 February 1927

17 F.2d 562 (1927)

PATTIS
v.
UNITED STATES.

No. 4880.

Circuit Court of Appeals, Ninth Circuit.

February 21, 1927.


J. H. Peterson and T. C. Coffin, both of Pocatello, Idaho, for plaintiff in error.

H. E. Ray, U. S. Atty., W. H. Langroise and Sam S. Griffin, Asst. U. S. Attys., all of Boise, Idaho.

Before MORROW and RUDKIN, Circuit Judges, and NETERER, District Judge.

MORROW, Circuit Judge.

On March 17, 1926, defendant, together with Dors Jensen, Clyde Clark (alias John Fuchs), and Paul Parker, was charged with conspiracy to commit an offense against the United States, in violation of section 37, federal Penal Code (Comp. St. § 10201). The first count of the indictment was as follows:

"That on or about the 13th day of June, 1925, and continuously up to and including June 25, A. D. 1925, in the county of Bannock, state and district of Idaho, Eastern division, and within the jurisdiction of this court, Dors Jensen, Clyde Clark (alias John Fuchs), John Pattis, and Paul Parker, and certain other persons to the grand jurors unknown, did then and there willfully, knowingly, unlawfully, and feloniously combine, conspire, confederate, and agree together and among themselves to commit a certain offense against the United States of America, to wit, to willfully, knowingly, unlawfully, and feloniously manufacture for beverage purposes within the county of Bannock, state and district of Idaho, and within the jurisdiction of this court, certain intoxicating liquor containing more than one-half of 1 per cent. of alcohol, to wit, certain spirituous liquor, commonly known as `moonshine whisky,' the exact amount being to the grand jurors unknown, the said moonshine whisky to be designed, intended, and fit for use as a beverage, the manufacture of the same to be in a manner, and at a time, to wit, on and after the said 13th day of June, A. D. 1925, and at a place, to wit, about three-quarters of a mile southwest of what is known as the George Goodenough ranch, about 21 miles south and east of the city of Pocatello, Bannock county, state and district of Idaho, Eastern division, and within the jurisdiction of this court, and by the laws of the United States prohibited and made unlawful.

"1. That according to and in pursuance and furtherance of said willful, unlawful, and felonious conspiracy, combination, confederacy, and agreement, and to accomplish the purpose and effect the object thereof, the said defendants, to wit, Dors Jensen, Clyde Clark (alias John Fuchs), John Pattis, and Paul Parker, and certain other persons to the grand jurors unknown, on or about the 25th day of June, A. D. 1925, about three-quarters of a mile southwest of what is known as the George Goodenough ranch, about 21 miles south and east of the city of Pocatello, in the county of Bannock, state and district

17 F.2d 563
of Idaho, Eastern division, and within the jurisdiction of this court, as aforesaid, did then and there willfully, knowingly, unlawfully, and feloniously have in their possession certain property designed and intended to be used in the manufacture of intoxicating liquor as aforesaid, said property being as follows, to wit, seventeen 52-gallon barrels containing sugar mash, 100-gallon cooler can, two coils, two stills having a capacity of about 60 gallons each, one 5-gallon keg, one bottle of coloring fluid, two dozen bungs for kegs, and certain other property to the grand jurors unknown

"2. That according to, in pursuance and furtherance of, said willful, unlawful, and felonious conspiracy, combination, confederacy, and agreement, and to accomplish the purpose and effect the object thereof, the said defendants Dors Jensen, Clyde Clark (alias John Fuchs), and John Pattis, on or about the 13th day of June, 1925, at Pocatello, county of Bannock, state and district of Idaho, Eastern division, and within the jurisdiction of this court, conferred and agreed together for the procuring and delivery of supplies intended to be used for the unlawful manufacture of intoxicating liquor as aforesaid, said property being so far as known to the grand jurors as follows:

"Barrels, kegs, yeast, coloring, sugar, and molasses, the exact amounts thereof being to the grand jurors unknown, and did further confer and agree together for the manufacture of the said moonshine whisky, and the disposal thereof by and through the defendant John Pattis.

"3. That according to, in pursuance and furtherance of, said willful, unlawful, and felonious conspiracy, combination, confederacy, and agreement, and to accomplish the purpose and effect the object thereof, the said defendant John Pattis drove by means of an automobile, the make and description of which is to the grand jurors unknown, to the George Goodenough ranch aforesaid, on the 14th day of June, 1925, and then and there met the defendant Clyde Clark (alias John Fuchs), and conferred and arranged with the said defendant Clyde Clark (alias John Fuchs) for the delivery of the supplies set forth in the subdivision 2 hereof.

"4. That according to, in pursuance and furtherance of, said willful, unlawful, and felonious conspiracy, combination, confederacy, and agreement, and to accomplish the purpose and effect the object thereof, the said defendant Clyde Clark (alias John Fuchs), on the 14th day of June, 1925, within the county of Bannock, state and district of Idaho, Eastern division, and within the jurisdiction of this court, did confer with the said defendant Dors Jensen, and requested the said defendant Dors Jensen to go to Pocatello, county of Bannock, state and district of Idaho, Eastern division, and guide delivery of the supplies heretofore mentioned and described to about three-quarters of a mile southwest of what is known as the George Goodenough ranch, about 21 miles south and east of the city of Pocatello, county of Bannock, state and district of Idaho, Eastern division, and within the jurisdiction of this court.

"5. That according to, in pursuance and...

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9 practice notes
  • United States v. Harrison, No. 7498.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 24, 1941
    ...denied, 260 U.S. 734, 43 S.Ct. 95, 67 L. Ed. 487; Simpson v. United States, 4 Cir., 11 F.2d 591; Pattis v. United States, 9 Cir., 17 F.2d 562, noted in Criminal Law — Conspiracy — One Who Knowingly Assists Others to Accomplish Object of A Conspiracy Is Co-conspirator, 12 Minnesota Law Revie......
  • Snead v. United States, No. 6874.
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • December 10, 1954
    ...sale. This is the view taken of the matter in a number of well considered cases in the federal courts. Pattis v. United States, 9 Cir., 17 F.2d 562; Vukich v. United States, 9 Cir., 28 F.2d 666, 669; Borgia v. United States, 9 Cir., 78 F.2d 550, 555; Anstess v. United States, 7 Cir., 22 F.2......
  • United States v. Falcone, No. 42
    • United States
    • United States Supreme Court
    • December 9, 1940
    ...below with those of Courts of Appeals in other circuits. Simpson v. United States, 4 Cir., 11 F.2d 591; Pattis v. United States, 9 Cir., 17 F.2d 562; Borgia v. United States, 9 Cir., 78 F.2d 550; Marino v. United States, 9 Cir., 91 F.2d 691, 113 A.L.R. 975; see Backun v. United States, 4 Ci......
  • United States v. Falcone, No. 193.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • February 13, 1940
    ...Amendment was in force, and the answer was not entirely uniform. The first case we have found is Pattis v. United States, 9 Cir., 17 F.2d 562, where, although the accused appears to have been in fact more closely connected with the buyer's crime than merely as a seller, the court affirmed a......
  • Request a trial to view additional results
9 cases
  • United States v. Harrison, No. 7498.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 24, 1941
    ...denied, 260 U.S. 734, 43 S.Ct. 95, 67 L. Ed. 487; Simpson v. United States, 4 Cir., 11 F.2d 591; Pattis v. United States, 9 Cir., 17 F.2d 562, noted in Criminal Law — Conspiracy — One Who Knowingly Assists Others to Accomplish Object of A Conspiracy Is Co-conspirator, 12 Minnesota Law Revie......
  • Snead v. United States, No. 6874.
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • December 10, 1954
    ...sale. This is the view taken of the matter in a number of well considered cases in the federal courts. Pattis v. United States, 9 Cir., 17 F.2d 562; Vukich v. United States, 9 Cir., 28 F.2d 666, 669; Borgia v. United States, 9 Cir., 78 F.2d 550, 555; Anstess v. United States, 7 Cir., 22 F.2......
  • United States v. Falcone, No. 42
    • United States
    • United States Supreme Court
    • December 9, 1940
    ...below with those of Courts of Appeals in other circuits. Simpson v. United States, 4 Cir., 11 F.2d 591; Pattis v. United States, 9 Cir., 17 F.2d 562; Borgia v. United States, 9 Cir., 78 F.2d 550; Marino v. United States, 9 Cir., 91 F.2d 691, 113 A.L.R. 975; see Backun v. United States, 4 Ci......
  • United States v. Falcone, No. 193.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • February 13, 1940
    ...Amendment was in force, and the answer was not entirely uniform. The first case we have found is Pattis v. United States, 9 Cir., 17 F.2d 562, where, although the accused appears to have been in fact more closely connected with the buyer's crime than merely as a seller, the court affirmed a......
  • Request a trial to view additional results

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