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MILLER v. UNITED STATES

No. 3442.

4 F.2d 228 (1925)

MILLER v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 3, 1925.

Attorney(s) appearing for the Case

Joseph B. Fleming, of Chicago, Ill., for plaintiff in error.

Leo Klein, Asst. U. S. Atty., of Chicago, Ill.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

ALSCHULER, Circuit Judge (after stating the facts as above).

Indictment No. 9389 is vigorously assailed on several grounds: First, that neither count states a conspiracy. The first charges that Miller and other persons unknown conspired together "to commit an offense against the United States; that is to say, the said Frank Miller did unlawfully and knowingly transport and cause to be transported from an industrial alcohol plant and bonded warehouse, to wit, United...

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