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BENHAM v. UNITED STATES

No. 4617.

13 F.2d 558 (1926)

BENHAM et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

June 30, 1926.

Attorney(s) appearing for the Case

Smith W. Bennett, of Columbus, Ohio (Robert R. Nevin, of Dayton, Ohio, on the brief), for plaintiffs in error.

Simon Ross, Asst. U. S. Atty., of Cincinnati, Ohio (Haveth E. Mau and Harry A. Abrams, both of Cincinnati, Ohio, on the brief), for the United States.

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

PER CURIAM.

This is the second appearance of this cause in this court. On a former writ of error, a verdict of guilty and sentence on 11 counts was reversed and a new trial ordered. 7 F.2d 271. In our former opinion is found a full statement of the case, including the indictment in an abridged form, so that no further statement is now required.

It was then held that the introductory portions of the indictment, charging a scheme...

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