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DOLAN v. UNITED STATES

No. 4257.

4 F.2d 251 (1925)

DOLAN v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

March 16, 1925.

Attorney(s) appearing for the Case

Walter P. Lincoln, of Louisville, Ky. (Edwards, Ogden & Peak, of Louisville, Ky., on the brief), for plaintiff in error.

Lilburn Phelps, Asst. U. S. Atty., of Louisville, Ky. (W. S. Ball, U. S. Atty., and Claude Hudgins, Asst. U. S. Atty., both of Louisville, Ky., on the brief), for the United States.

Before DENISON and DONAHUE, Circuit Judges, and WESTENHAVER, District Judge.

PER CURIAM.

We have here conviction and punishment as for a third offense. An allegation in an indictment that an offense is a second one is a conclusion, and it should be sufficiently shown that the later offense occurred after the conviction for the earlier one. Even so, this indictment alleges and the proof shows a sufficiently early conviction as and for a second offense; it must be presumed that such conviction was rightful, and this presumption sufficiently...

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