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OPTNER v. UNITED STATES

No. 4526.

13 F.2d 11 (1926)

OPTNER v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

May 7, 1926.

Attorney(s) appearing for the Case

David D. Stansbury, of Chicago, Ill. (Walter McKenzie, of Detroit, Mich., on the brief), for plaintiff in error.

Chas. A. Meyer, Asst. U. S. Atty., of Detroit, Mich. (Delos G. Smith, of Detroit, Mich., on the brief), for the United States.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

DONAHUE, Circuit Judge. (after stating the facts as above).

While the dates of the filing and position in the record of the motion, entry, and demurrer would indicate that the demurrer was filed after disposition of the motion, yet we do not think that matter is of serious importance. It is conceded that counts 4 and 5 were properly joined. The sustaining of the motion to quash counts 1, 2, and 3, because the offenses charged therein were barred by the statute of...

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