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SUMMERS v. UNITED STATES

No. 2422.

11 F.2d 583 (1926)

SUMMERS v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

February 27, 1926.

Attorney(s) appearing for the Case

H. E. Widener, of Abingdon, Va., B. F. Buchanan, of Marion, Va., and F. B. Hutton, of Abingdon, Va. (Beverly A. Davis, of Rocky Mount, Va., J. H. Chitwood, of Roanoke, Va., Buchanan & Buchanan, of Marion, Va., and Hutton & Hutton, of Abingdon, Va., on the brief), for plaintiff in error.

Joseph C. Shaffer, U. S. Atty., of Wytheville, Va., and C. E. Gentry, Asst. U. S. Atty., of Charlottesville, Va.

Before ROSE and PARKER, Circuit Judges, and WATKINS, District Judge.

WATKINS, District Judge.

L. P. Summers, the plaintiff in error, was tried in the District Court of the United States for the Western district of Virginia, at Roanoke, upon an indictment containing six counts charging him with violation of section 35 of the Penal Code, as amended by Act of Congress approved October 23, 1918 (Comp. St. Ann. Supp. 1919, § 10199). The result was a conviction upon counts 5 and 6 and an acquittal upon the other four counts. He was...

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