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HONEA v. UNITED STATES

No. 19339.

344 F.2d 798 (1965)

Forrest Etheridge HONEA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 21, 1965.

Attorney(s) appearing for the Case

William O. Braecklein, Dallas, Tex., for appellant.

Robert B. Ward, Asst. U. S. Atty., Dallas, Tex., for appellee.

Before BROWN and BELL, Circuit Judges, and SIMPSON, District Judge.

JOHN R. BROWN, Circuit Judge:

In this appeal by Honea from his conviction and sentence of three years plus a fine of $1,000 under an indictment charging a violation of 18 U.S.C.A. § 912,1 we reach only one issue — the sufficiency of the indictment to charge the offense. Answering in the negative, the case must be reversed and we need go no further.

The indictment was worded:

"* * * on or about March 15, 1961...

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