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KERR v. UNITED STATES

No. 4683.

11 F.2d 227 (1926)

KERR v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

February 23, 1926.

Attorney(s) appearing for the Case

Cooper, Collings & Shreve and Hugh L. Dickson, all of Los Angeles, Cal., for plaintiff in error.

Samuel W. McNabb, U. S. Atty., and J. George Ohannesian, Asst. U. S. Atty., both of Los Angeles, Cal.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

HUNT, Circuit Judge.

Defendant below was convicted under two counts of an indictment charging violation of the postal laws of the United States (section 217, Penal Code [Comp. St. § 10387]).

The first count charged that Kerr feloniously, and with intent to kill or injure Luella F. Kerr, did deposit or cause to be deposited in the United States mail for mailing and delivery by the Post Office Department, a quantity of poison commonly known as sodium cyanide...

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