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DAUGHERTY v. UNITED STATES

No. 6595.

4 F.2d 344 (1925)

DAUGHERTY v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

January 30, 1925.

Attorney(s) appearing for the Case

James Daugherty, pro se.

Lafayette French, Jr., U. S. Atty., and George A. Heisey, Asst. U. S. Atty., both of St. Paul, Minn.

Before SANBORN and LEWIS, Circuit Judges, and FARIS, District Judge.

PER CURIAM.

The district attorney has filed petition for rehearing in this case, complaining that we erred in holding that the sentence imposed on Daugherty was imprisonment for five years, and in not holding that it was for fifteen years. On this subject 16 C. J., 1306, says:

"However, where successive terms of imprisonment are imposed, the sentence ought to be so definite and certain as to advise the prisoner and the officer charged with the execution of...

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