WAGNER v. UNITED STATES

No. 6937.

8 F.2d 581 (1925)

WAGNER v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

September 22, 1925.


Attorney(s) appearing for the Case

Anthony P. Nugent, of Kansas City, Mo., for plaintiff in error.

S. M. Carmean, Asst. U. S. Atty., of Kansas City, Mo. (Charles C. Madison, U. S. Atty., and H. L. Donnelly, Asst. U. S. Atty., both of Kansas City, Mo., on the brief), for the United States.

Before LEWIS and BOOTH, Circuit Judges, and PHILLIPS, District Judge.


BOOTH, Circuit Judge.

Plaintiff in error, hereafter called defendant, was tried and convicted under both counts of an indictment charging violation of the Act of Congress approved March 3, 1897 (29 Stat. 626 [Comp. St. §§ 6070-6077]). The first count charged that on or about the 18th of January, 1922, at Kansas City, Mo., defendant did unlawfully, and with intent to defraud the United States and divers persons, use and have in his possession certain falsely...

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