WEST v. UNITED STATES

No. 7126.

15 F.2d 916 (1926)

WEST v. UNITED STATES

Circuit Court of Appeals, Eighth Circuit.

November 9, 1926.


Attorney(s) appearing for the Case

Renehan & Gilbert and Albert H. Clancy, all of Santa Fé, N. M., and Arthur A. Hesch, for plaintiff in error.

John W. Wilson, U. S. Atty., of Albuquerque, N. M. (A. Gilbert Espinosa, Asst. U. S. Atty., of Albuquerque, N. M., on the brief), for defendant in error.

Before LEWIS, Circuit Judge, and MUNGER and FARIS, District Judges.


MUNGER, District Judge.

The indictment in this case contained three counts. A demurrer was sustained as to the second count. The jury found the plaintiff in error guilty as charged in the first and second counts. Sentence was imposed under the first and third counts. Because of this error the judgment must be reversed, as far as it imposed sentence under the third count. The first count charged that plaintiff in error knowingly and willfully, and with intent to defraud...

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