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RUSSO v. UNITED STATES

No. 4838.

18 F.2d 1021 (1927)

Joe RUSSO, Plaintiff in Error, v. UNITED STATES, Defendant in Error.

Circuit Court of Appeals, Sixth Circuit.

April 13, 1927.

Attorney(s) appearing for the Case

John B. Osmun, of Cleveland, Ohio (A. E. Bernsteen, of Cleveland, Ohio, on the brief), for defendant in error.

Harry F. Glick, of Cleveland, Ohio, for plaintiff in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

PER CURIAM.

The indictment, brought under section 39 of the Penal Code (Comp. St. § 10203), is attacked as insufficient because it alleges only the payment of money to a prohibition agent "to procure and obtain the release of" a prisoner charged with violating the National Prohibition Act (Comp. St. § 10138 et seq.), and "to obtain the dismissal of the case then pending," wherein this prisoner was charged with violating the National Prohibition Act; and...

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