BRYAN, Circuit Judge.
This is a prosecution under section 97 of the Criminal Code (Comp. St. § 10265). The first count of the indictment, after describing the defendants as officers and employees in the internal revenue service of the United States, charges that they did "unlawfully, wrongfully, and feloniously convert to their own use, and embezzle, certain property which had come into their possession and under their control in the execution of their said offices...
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