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THOMAS v. UNITED STATES

No. 2399.

11 F.2d 27 (1926)

THOMAS v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

January 12, 1926.

Attorney(s) appearing for the Case

W. R. Brown, of West Union, W. Va., for plaintiff in error.

T. A. Brown, U. S. Atty., and T. M. McIntire, Sp. Asst. U. S. Atty., both of Parkersburg, W. Va.

Before WADDILL, ROSE, and PARKER, Circuit Judges.

PARKER, Circuit Judge.

The plaintiff in error, Avery Thomas, hereinafter referred to as the defendant, was indicted for violation of section 1 of chapter 50 of the Act of February 13, 1913 (Comp. St. § 8603). The indictment contained four counts, charging, respectively, the breaking of the seal of a freight car containing an interstate shipment of freight with intent to commit larceny, the entering of said freight car...

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