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JAMES v. UNITED STATES

No. 4704.

16 F.2d 125 (1926)

JAMES v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

December 8, 1926.

Attorney(s) appearing for the Case

Edward N. Barnard, of Detroit, Mich., for plaintiff in error.

David Polasky, of Detroit, Mich. (Delos G. Smith, U. S. Atty., of Detroit, Mich., on the brief), for the United States.

Before DENISON and MOORMAN, Circuit Judges, and HOUGH, District Judge.

PER CURIAM.

Affirmed — as to proof of another offense, on authority of Moore v. U. S., 150 U.S. 57, 61, 14 S.Ct. 26, 37 L. Ed. 996; Tucker v. U. S. (C. C. A. 6) 224 F. 833, 840; De Witt v. U. S. (C. C. A. 6) 291 F. 995, 1002; as to variance affecting the fourth count, on authority of Claassen v. U. S., 142 U.S. 140, 12 S.Ct. 169, 35 L. Ed. 966, and Bullock v. U. S. (C. C. A. 6) 289 F. 29, 31; as...

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