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WHERRELL v. UNITED STATES

No. 7522.

18 F.2d 532 (1927)

WHERRELL v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

March 24, 1927.

Attorney(s) appearing for the Case

Austin M. Cowan, of Wichita, Kan. (Chester I. Long, J. D. Houston, Claude I. Depew, James G. Norton, W. E. Stanley, and W. B. Harms, all of Wichita, Kan., on the brief), for plaintiff in error.

Alton H. Skinner, Asst. U. S. Atty., of Topeka, Kan. (Al F. Williams, U. S. Atty., of Topeka, Kan., on the brief), for the United States.

Before STONE and VAN VALKENBURGH, Circuit Judges, and TRIEBER, District Judge.

TRIEBER, District Judge.

The parties will be referred to as they appeared in the court below. The defendant was indicted for violation of section 5209, Rev. St., as amended by Act Sept. 26, 1918 (40 Stat. 972 [Comp. St. § 9772]). There were 12 counts in the indictment; all are practically the same, except that in some of the counts he was charged with failing to remit, and in others failing to credit the remitter with the checks and drafts on their accounts with...

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