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ABRAMSON v. UNITED STATES

No. 4089.

2 F.2d 595 (1924)

ABRAMSON et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

December 8, 1924.

Attorney(s) appearing for the Case

J. B. Adamson, of Ashland, Ky. (John S. Fullerton, of Ashland, Ky., Jos. M. Spears, of Catlettsburg, Ky., and Edgar B. Hager, of Ashland, Ky., on the brief), for plaintiffs in error.

John E. Shepard, Asst. U. S. Atty., of Covington, Ky. (Sawyer A. Smith, U. S. Atty., and Rodney G. Bryson, Asst. U. S. Atty., both of Covington, Ky., on the brief), for the United States.

Before DENISON, MACK, and KNAPPEN, Circuit Judges.

MACK, Circuit Judge.

By plea in abatement and motion to quash defendants raise the question whether or not a grand jury is legally constituted when 6 (naming them) of the 16 members "were not drawn from the box for service as grand jurors nor do their names appear in the venire facias issued for grand jurors and they were not summoned by the marshal from the body of the district," but "their names were drawn from the box for service as petit or traverse jurors; that...

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