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BAILEY v. UNITED STATES

No. 4319.

5 F.2d 437 (1925)

BAILEY v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 6, 1925.

Attorney(s) appearing for the Case

A. A. Lawrence and John J. Bouhan, both of Savannah, Ga. (A. L. Herzog and E. H. Abrahams, both of Savannah, Ga., on the brief), for plaintiff in error.

Chas. L. Redding, Asst. U. S. Atty., of Savannah, Ga., and White B. Miller, Sp. Asst. Atty. Gen., for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

All of the assignments relate to the overruling of a demurrer to the indictment. The indictment contains only one count, and charges that Bailey, plaintiff in error here, and several other defendants, entered into a conspiracy under section 37 of the Criminal Code, being Comp. St. § 10201: (1) With intent to defraud the revenue of the United States, to smuggle and clandestinely introduce from the Bahama Islands into the United States at...

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